A divorce petition filed within one year of marriage under the Hindu Marriage Act can be maintainable if permission is sought, reflecting the provision being directory rather than mandatory.

JUDGMENT

[Judgment of the Court was delivered by V.M.VELUMANI,J.]

The appellant is wife and respondent is husband. The respondent filed F.C.O.P.No.2864 of 2019 under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, read with Section 7 of the Family Courts Act, 1986, for dissolution of marriage that was conducted between the appellant and respondent on 14.09.2008 at Krishna Sri Mahal, G.S.T. Road, Pallavaram, Chennai.

2.According to the respondent, the appellant suffered multiple fracture in her right hand and she cannot use right hand properly. The appellant's family suppressed this physical defect of the appellant and respondent came to know this only after the marriage, during their honeymoon trip. Again, within 3 days of honeymoon trip, the respondent came to know that the appellant is affected with muscular spasticity over her right hand and leg, i.e., physiological disease which will affect the muscles in such a way that they will be tensed and protracted. When the appellant's parents were confronted about the suppression, they falsely stated that they already informed the respondent's parents about the appellant's physical defect. On coming to know this defect of the appellant, the respondent's parents were depressed and they were mentally affected. The appellant was ill-treating the respondent's mother and was abusing her in filthy language. The respondent and appellant did not have cordial relationship within 10 days of marriage and the appellant became pregnant and in the medical test, it was stated that the child was under weight. When the respondent requested for medical report of the appellant, the appellant's mother abused the respondent in filthy language, created a big scene in the Hospital itself. The appellant's parents took her to their house. Due to the suppression of physical defect of the appellant, the respondent's father suffered and died. The respondent could not attend the Seemandham function of the appellant due to sudden death of the respondent's father. The appellant did not even console the respondent for death of his father. When the child was born, the appellant and her mother refused to allow the respondent to see the child. The appellant informed the respondent to dissolve the marriage. The respondent tried to maintain cordial relationship with the appellant, but she did not change her attitude. After initial marital life, the appellant did not consider the respondent as her husband and stated that she committed a mistake in marrying the respondent. The attitude of the appellant has caused untold miseries and ruined his life socially, psychologically and mentally. The appellant has taken all the jeweleries and after that, she lodged a false complaint against the respondent, his brother and mother, to the Police. The efforts of the respondent through his relatives to resume cohabitation failed. After the birth of the child, the respondent did not come to matrimonial home. Over phone also the appellant tortured the respondent. The respondent got a tattoo of his mother's name in his right hand on the 30th wedding anniversary of his parents due to love and affection for his parents. For the same, the appellant and her mother insulted him using filthy language, abusing the relationship. This activities of the appellant created a mental depression for the respondent and peace of mind of the respondent has been spoiled. Hence, the respondent has filed the petition for dissolution of marriage that was conducted on 14.09.2008.

3.The appellant filed counter statement and denied all the averments made in the petitio