- (1.)This Civil Miscellaneous Appeal has been preferred by the wife against the order of dismissal of her petition filed for dissolution of marriage on the ground of cruelty under Section 13 (1) (ia) of the Hindu Marriage Act by the III Additional Family Court, Chennai in O.P.No.4600 of 2010 on 18.04.2016.
(2.)It is averred in the petition that the marriage between the petitioner and the respondent was solemnised on 27.08.2004 as per Hindu rites and customs and registered on 01.10.2004 at Chennai. After marriage they stayed at the petitioner's house at Chrompet. They had been to Kulumanali on 02.09.2004 for a honey moon and the respondent was not cheerful and was remorse. Both the spouses being Dentists have been running a clinic in Thoraipakkam. The respondent never used to give the petitioner a free hand in the clinic and was in the habit of cribbing and always found fault in her work. The respondent totally neglected her and failed to shower love and affection, thus leaving her in tears. During December 2004, on one occasion when the respondent was having a wordy duel, he got agitated, strangulated the petitioner and pulled her Thaali chain which broke. The respondent used to shout at the petitioner stating that You bitch arsehole bloody fucking bitch. He was in the habit of taunting her for her sister marrying a nonbrahmin. The respondent used to have heated argument on her for trivial issues causing bodily injuries many a times.
(3.)The respondent used to come to the bedroom late in the night while the petitioner is deep asleep and forced her to have physical intimacy. On many occasion when the respondent had asked the petitioner to co-operate in wee-times and upon refusal she was literally kicked out of the bed which caused severe mental trauma. Once the respondent hit her causing edema. During February 2006, the petitioner left her sister's house at Chrompet as he could not tolerate the torture meted out from the respondent. Her sister pacified and sent her home. Her sister's husband informed the respondent's parents to put an end to the ruthless behaviour. He also met the respondent and advised him. The respondent returned home at 10 p.m and shouted at her. During 2006 she conceived and she was totally confused and did not want to have a child as there was lot of disagreement between her and the respondent. Unmindful of she being pregnant, the respondent in a heated argument poked the petitioner with a sharp object in her left forearm causing bleeding injury.