JUDGMENT :

K. Kalyanasundaram, J.

[Prayer: Civil Miscellaneous Appeal filed under Section 19 of the Family Court Act, 1984 against the order dated 30.12.2019 passed by the Vth Additional Judge, Family Court, Chennai in O.P.No.2820 of 2015.]

This appeal is directed against the Judgment and Decree passed in O.P.No.2820 of 2015.

2. The facts which are necessary for disposal of the Appeal are as follows:-

The appellant is the wife of the respondent. The marriage between the appellant and the respondent was solemnized on 27.11.2009 at New Shree Balaji Thirumana Mandabam, Ponneri, Thiruvallur District. A son was born to them on 18.01.2011 and he was named as Kartheeswar. The respondent filed O.P.No.2820 of 2015 for dissolution of the marriage under Section 13 (1-a) of Hindu Marriage Act. The appellant filed M.C.No.267 of 2017 under Section 125 of Criminal Procedure Code praying for maintenance of Rs.15,000/- per month for her and Rs.10,000/- for her son. Both the cases were tried together and by a common order, Vth Additional Family Court, Chennai granted divorce, while dismissing the Maintenance Case No.267 of 2017.

3. The case of the respondent is that from the date of marriage, the appellant started to quarrel with him and scolded in filthy language and used unparliamentary words. She was working at Bangalore, Chennai in IT companies before the marriage. She used to spend money beyond the limits of his earning. She often used to talk with many persons continuously for several hours who were not not known to him. When he questioned the same, she refused to reveal the details. She often goes to her mother's house at Ponneri without his knowledge. He spoke to his mother-in-law, elder members of the family and with some middle men on several times, but all the attempts ended in vain. On 23.04.2013, she along with minor son went to her mother's house without his knowledge. Immediately, he made attempts to bring them back, but she did not even allow him to see his child and also used filthy and unparliamentary words. He further stated that his wife is working in IT Company and earns Rs.75,000/- per month. He sent legal notice on 24.11.2014 calling them to join with him within a period of one week, but she refused to come.

4. It is alleged that his wife is leading an adulteress life with one Udayakumar, who is a married man and having two girl children. The said Udayakumar informed him that he helped his wife to sell jewels, including thali which was tied by him at the time of marriage. He also informed that when their son joined in the school, she forged his signature. Hence, he is entitled for divorce.

5. In the counter, the appellant denied the allegations made in the original petition. She is a B.Sc. Computer Science Degree holder, whereas her husband studied only upto 12th standard. But, she agreed for the marriage as it was an arranged one and conducted with the consent and blessings of their parents. After the marriage, from the day one, the husband behaved in a suspicious mind. Ever since the marriage, her life has been very much affected. He opined that she had not possessed a good and intact character, hence, she suffered from mental agony. It is further alleged that during the 6th month of pregnancy, her husband and his parents behaved violently and used filthy words against her. She was also physically assaulted, however, due to intervention of one Natarajan, who is the relative of her husband, the matter was pacified. In short, it is her case that she did not leave the matrimonial home on her own and she was forced to go to her mother's home along with the child. He did not take care of the child. She has further stated that she is unemployed and unable to maintain herself and the minor child.

6. The Family Court had framed the following points for consideration:-

"(i) Whether the husband is entitled for the relief of dissolution of marriage; and

(ii) Whether the wife and minor son are entitled for monthly maintenance from the respond