PALANISWAMY Vs. SAROJINI

JUDGEMENT

(1.) THE unsuccessful petitioner before the courts below is the appellant in both the appeals. THE appellant had filed O. P. Nos. 193 of 1981 and 164 of 1982 for dissolution of the marriage with the respondent. O. P. No. 193 of 1981 was filed on the ground of cruelty. It is the case of the appellant that the appellant and respondent lived together for six years after the marriage as husband and wife. THEy do not have any child. One medical examination, the medical report reveals that the respondent may not bear any child. THEreafter misunderstanding arose between them and the respondent treated the appellant with utmost cruelty in all possible ways and it is not possible for the appellant to live with the respondent.

(2.) DURING the pendency of this O. P. No. 193 of 1981, the appellant hnd filed another O. P. No. 164 of 1982 against the respondent for dissolution of marriage on the ground of desertion alleging that the respondent had left the marital home for more than two years and she is living with her parents and she refused to return to the appellant's house to lead a normal married life. The respondent has filed a counter affidavit denying the allegations made in the original petition. The trial court after careful consideration of the documentary as well as oral evidence dismissed both o. P. Nos. 193 of 1981 and 164 of 1982 by a common judgment. As against the said common judgment, the appellant had filed appeals in C. M. A. Nos. 133 and 134 of 1983 before the District Court, Coimbatore and the appellate authority also after carefully considering the oral and documentary evidence dismissed the appeals. Hence the present C. M. S. A. Nos. 9 and 10 were filed against the Judgment of the district Judge, Coimbatore .