LAWS(MAD)-2009-2-97

J LAKSHMI PRIYA Vs. KRISHNAKUMAR

Decided On February 17, 2009
J. LAKSHMI PRIYA Appellant
V/S
KRISHNAKUMAR Respondents

JUDGEMENT

(1.) INVEIGHING the order dated 6.2.2006 passed in I.A.No.10512 of 2005 in HMOP No.124 of 2004 by the Principal Subordinate Court, Chengalpattu, this civil revision petition is focussed.

(2.) SUCCINCTLY and precisely the long and short of the facts, which are absolutely necessary for the disposal of this revision petition, would run thus:- The first respondent herein filed the H.M.O.P.No.124 of 2004 before the Principal Sub Judge, Chengalpattu, under Section 12(1)(a) and 12(1)(e) of the Hindu Marriage Act 1955, seeking the following relief:

(3.) THE gist and kernal of the case of the first respondent in the original HMOP was that without the voluntary consent of the petitioner herein, the marriage was solemnised, as she was not in a stable state of mind she was taking, at the relevant time, treatment for her mental illness in various hospitals. However, in the I.A., he prays for including the alternative prayer for divorce, based on cruelty. THE grounds of cruelty were found set out in the original petition itself, which the trial Court took into account while allowing the application.