JUDGMENT

This Civil Miscellaneous Appeal is filed against the order, dated

06.11.2013, made in I.D.O.P.No.25 of 2013, on the file of the Principal District Judge, Thanjavur.

2.The appellant herein is the wife and the respondent in the I.D.O.P.

Petition and the respondent herein is the husband and the petitioner in the I.D.O.P. petition.

3.Brief substance of the petition, in I.D.O.P.No.25 of 2013, is as follows:

The marriage between the petitioner and the respondent was solemnized on 16.01.2003 at Saint Peter's Church in Thanjavur. They lived at Palayankottai and then they lived in Thanjavur in the respondent's house, for a period of six months. The petitioner was a practising Doctor working at Kovilpatti. The petitioner and the respondent lived in Kovilpatti. The respondent went to her matrimonial home for delivery. A male child was born on 23.09.2004. The birth of the child was not informed to the petitioner. Later, the petitioner and his parents invited the respondent to the matrimonial home. The respondent refused to live with the petitioner. The petitioner invited the respondent to come to the matrimonial home in the month of April, May and June, during the year 2005. He issued an Advocate notice on 13.07.2005. The respondent sent a reply notice, on 28.07.2005, refusing to come over to the matrimonial home. The petitioner sent a notice seeking for permission to see the child. That notice was also not accepted. The petitioner went to see the child on 15.06.2005, but, he was not allowed to enter into the house. On 23.02.2012, the petitioner sent a divorce notice and the respondent sent a false reply. The respondent deserted the petitioner for the past eight years, which amounts to cruelty and the petitioner filed this petition for divorce.

4.Brief substance of the counter, in I.D.O.P.No.25 of 2013, is as follows:

After marriage, the petitioner and the respondent started their matrimonial life only at Thanjavur, as mutually agreed between the elders of both the families. The respondent's father is a leading Physician at Thanjavur and they wanted to bring up the respondent as a popular Doctor. But, on the instigation of the mother of the petitioner, the petitioner has demanded money from the parents of the respondent. The parents of the respondent agreed to pay Rs.5,000/- every month, till the petitioner completed his higher studies.

5.The Pregnancy was confirmed in the month of February – 2004. In the month of April – 2004, the petitioner demanded Rs.1,00,000/- to discharge his debt. The respondent's parents pay a sum of Rs.50,000/- by way of a cheque. The petitioner himself has withdrawn from the house at Thanjavur. He had not taken care to see his child. The petitioner and the respondent never lived at Palayankottai or at Kovilpatti. On 23.09.2004, the birth of the male child was informed to the petitioner by way of Telegram. The petitioner left the matrimonial home, at the time of pregnancy of the respondent, which amounts to mental cruelty. The petitioner was busy in spending time to defend his mother in a criminal case. The atmosphere is not suitable for marital life at his residence. The respondent's father had driven the petitioner only to avoid unpleasant situation. Though the petitioner was working at Chennai, he wanted her to come to Kovilpatti. The respondent is working in a deemed University at Thanjavur and it was not possible for her to live with the petitioner at Kovilpatti . The respondent is willing to live with her husband only at Thanjavur and her father is also ready to help her and her husband at Thanjavur. The respondent is willing to have matrimonial relationship with her husband forgetting all the misdeeds of her husband. If the petitioner severed all his connections with his family members, then only there is a possibility for reunion.

6.On the side of the petitioner, one witness was examined and nine documents were marked. On the side of the respondent, one witness was examined and eight documents were marke