V SULOCHANA Vs. K RAJAGOPAL

JUDGEMENT

(1.) THE respondent in O.P. No.48 of 1982, on the file of Additional District Judge, Pondicherry, is the appellant before us.

(2.) THE parties hereinafter will be referred to as they are arrayed in the original petition.

(3.) IN the counter-affidavit filed by the respondent (wife), she admitted the legal relationship between the parties and also the birth of the child. It is her defence that in the matrimonial home, she was not allowed to live peacefully, and in view of the harassment from her mother-in-law, she wanted the petitioner to live separately, and he did not make any attempt to protect her. According to her, she is not very particular about staying with her parents, but she only pleaded that it is not possible for her to live peacefully with him in the matrimonial house due to constant quarrel. For mental peace, she had to live separately from her husband. She also said that even the husband's brother, though married, could not live with his parents in view of the conduct of the mother-in-law. She had no complaint against her husband, and, according to her, he is very much affectionate towards her, and she has no intention to put an end to the marital relationship, and if at all she had to live separately, it was only because the husband did not give her necessary protection when his mother used to ill-treat her. It is also said that she did not go to her parent's house on her own, but she was driven out by her mother-in-law. She prayed for dismissal of the petition.