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1996 Supreme(Mad) 469

High Court of Judicature at Madras
The Honourable Mr. Justice A. Abdul Hadi and The Honourable Mr. Justice P. Sathasivam
Chandrika
Versus
M. Vijayakumar
Civil Misc.Appeal No.1600 of 1995
Decided On : 09-04-1996

Advocates:
Mr.A.Venkatesan Advocate for Appellant Mr.Sampathkumar Advocate for Respondent

For grant of alimony and maintenance court has jurisdiction to pass appropriate order.

Headnote:Hindu Marriage Act, 1955 - Section 24 and 25 - Petition for divorce on the ground of desertion not accompanied by prayer for grant of alimony and maintenance - Held, Court while passing order on the divorce petition may pass appropriate orders.

       

       

Judgment :

P. Sathasivam, J.

.1. The respondent in Family Court O.P.No.199 of 1992 on the file of Principal Family Court, Madras, is the appellant in the above appeal. The husband/respondent herein filed F.C.O.No.199 of 1992 before the said court under section 13(l)(b) of the Hindu Marriage Act, 1955 as amended against the appellant/wife for the grant of divorce on the ground that the wife deserted him without any just cause or reason. The Family Court, by order dated 3. 1995, allowed the original petition and dissolved the marriage between the appellant and the respondent solemnized on 3. 1983 by a decree of divorce. Aggrieved by the decree of the Family Court dated 3. 95, the wife has now come forward with the present appeal before this Court under Section 19 of the Family Court Act.

.2. The brief facts leading to the filing of the petition for divorce are as follows:-According to the respondent/petitioner, the marriage between the petitioner and the respondent herein was solemnized on 3. 1983 at Madras according to Hindu rites and customs. They lived happily for a short period. It is contended that the wife often used to leave for her parents house on some pretext or the other. When objections were raised by the husband, the wife started behaving rudely, but still she was permitted to go to her mothers place. After the marriage the respondent became pregnant and during the month of April, 1983, she sought the permission of her husband to stay in her parents house for some time to which the respondent conceded. According to the husband, even after delivery, the wife failed to return back to the matrimonial home and several attempts in this regard proved useless. It is the definite case of the husband that inspite of his repeated requests to the respondent to return the matrimonial h ome between 1983 and 1985 December proved futile. It is the further case of the husband that he made several visits to the respondent’s house both before delivery of the child and after. When the wife made a brief appearance at the husband’s uncle’s daughter’s marriage in Hotel Ashoka in the month of October, 1984, the husband requested her to return. But inspite of his request, she omitted to do so. It is the further case of the husband that when he went to the place of the wife, the petitioner/husband and his people were insulted and turned away on the ground that they had not come at the appointed time. Therefore, the husband realised that the respondent/wife has no intention to return to the matrimonial home and as a result, he sent a legal notice calling upon the wife to come to the matrimonial home along with the child. Even though she had received the legal notice, only her father sent a reply. It is further contended by the husband that his wife made again a short visit to his place on 212. 8 5 to celebrate the child’s birthday and thereafter, according to him, the wife’s father along with some 20 or 30 people forcibly entered the house and took his wife and child away. Inspite of all these, it is contended by the husband that he made a visit to the wife’s house in the year 1986. It is also specifically averred by the husband that his wife has wilfully deserted the petitioner with no intention to return back to the matrimonial home and, therefore, he has filed the present petition to dissolve the marriage on the ground of desertion.

3. The appellant/wife filed a detailed counter wherein the marriage as well as birth of her child have been admitted. According to her, the marital life was not happy on account of the constant intervention by the mother-in-law, namely, Mrs.Geetha. She was always keeping a watch on the appellant and the respondent and never allowed them to enjoy family life especially, as expected by newly wedded couple. It is also the case of the wife that she hails from a respectable family and her parents spent Rs.1,26,000 towards her wedding. In 1983 when she became pregnant, she would claim that she was very week and





























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