BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.09.2024 CORAM:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN C.M.A(MD)No.663 of 2019 and C.M.P(MD)No.8123 of 2019 Rajesh ... Appellant Vs.

Kavitha ... Respondent PRAYER: Civil Miscellaneous Appeal is filed under Section 19 of the Family Court Act, 1984 to set aside the Fair and Decreetal Order dated 18.06.2019 in H.M.O.P.No.187 of 2018 on the file of the Family Judge, Kanyakumari District at Nagercoil.

For Appellant : Mr.V.Meenakshi Sundaram For Respondent : Mr.N.Dilipkumar

JUDGMENT

(Judgment of the Court was delivered by P.VELMURUGAN, J The appellant is the husband. The respondent is the wife. The appellant filed the petition for divorce against the respondent in H.M.O.P.No.187 of 2018 on the file of the Family Court, Kanniyakumari District at Nagercoil under Section 13(1)(ia), 13(1)(ib) & 13(1)(iii) of the Hindu Marriage Act, 1955, on the ground of desertion, cruelty and incurable disease.

2. The facts of the case of the appellant as per the petition for divorce filed before the Family Court are that the marriage between the appellant and the respondent was solemnized on 03.11.2006 as per the Hindu Rites and Rituals. At the time of the marriage, it was informed that the respondent completed B.Sc., Degree. Later, the appellant came to know that the respondent never completed B.Sc Degree as informed earlier. Therefore, the respondent and her family members cheated the appellant. However, the appellant lived with the respondent. Since the appellant was working in Dubai, after marriage, he took the respondent with him. While they were in Dubai, the respondent always kept silent. Even the respondent did not take care herself and despite advice, the respondent never changed her behaviour. While they were in Dubai, the respondent got pregnant, hence, they retuned back to India on 30.08.2007. Thereafter, a male child was born on 08.12.2007 and thereafter, they went back to Dubai with child. Due to the attitude of the respondent, there was a serious misunderstanding between both. Whenever the appellant advised to change her behaviour, she used to scolded him with filthy language. The respondent never care the child and the appellant. Since the respondent's behaviour was extreme, she was taken to the hospital and the Doctor, after clinical examination, found that the respondent had conductive hearing loss on both ears. Despite that, the appellant adjusted and tolerated everything for the welfare of the child and their family. Thereafter, on 13.12.2009, the second child was born. Even then, the attitude of the respondent did not change. On 11.01.2012, the respondent consulted a Doctor at Nagercoil and the Doctor found that the respondent was suffering from Schizophrenia and he also advised to consult a Specialist. Accordingly, the respondent consulted one Dr.Ravichandran and the respondent took medicine for the same. The behaviour and attitude of the respondent had become worsen. The respondent did not take care either the children or herself and the health conditions of the respondent is also affected severely. Due to the chronic residual schizophrenia, the respondent was admitted before the Shanthi Vanam Trust at Trichy and she is undergoing treatment. The appellant is paying fee for the food and accommodation as well as medicine expenses. The children are under the custody of the appellant. In the above said circumstances, the appellant was constrained to file the petition for divorce on the above said grounds.

3. The facts of the case of the respondent as per the counter filed by her before the Family Court are that after made thorough enquiry only, the appellant got married the respondent and out of their wedlock, the respondent gave birth to two children. The appellant cunningly took the children from the respondent and left the respondent at her residence by making an endorsement in All Women Police Station at Kanyakumari District stating