BALASUBRAMANIAM Vs. VALAMARTHI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is directed against the order of the Family Court, Erode, dated 18.08.2015 in H.M.O.P.No.151 of 2014 dismissing the petition for divorce on the ground of cruelty and desertion at the instance of the petitioner / husband as appellant.

(2.) It is averred in the petition that marriage between the petitioner and the respondent was solemnized as per Hindu rites and customs on 11.03.1987 in Erode and they were blessed with two sons. After 2000, the respondent started abusing the petitioner demanding to transfer the property in her name and the petitioner also settled a terrace house in her name on 17.11.2004. She used to abuse the petitioner in the presence of others as drunkard and impotent. She left the matrimonial home on 10.12.2007 without any reason. Within three days at her instance her father came with muscle men threatened the petitioner to transfer his property to the name of the respondent and they also abducted him and threatened.

(3.) On 03.03.2008, the petitioner sent a notice to the respondent asking her to come back and live with him. But she sent a reply with false allegations. On 23.05.2009 again the petitioner sent another notice. In the second week of February 2012 the respondent trespassed into a house belonging to the petitioner with sons and occupied. On 03.05.2012, she came with her sons to the house of the petitioner and assaulted him. She also filed suit for maintenance in O.S.No.152 of 2012 and she instigated her sons to file suit for partition in O.S.No.78 of 2012. Both the suits were disposed of. The respondent filed several false cases against the petitioner and the respondent also deserted the petitioner from 2007. Therefore, the petition for divorce has been filed.