She said the allegation of husband against here moral character is itself a cruelty entitling her to live separately from her husband and also to claim maintenance.
A marriage was solemnised between the parties in accordance with Hindu rites on July 6, 1969.
He said companyduct and character of the wife was number above board.
She gave birth to a girl on March 21, 1980 at her parents house, which, according to the husband, is a mystery to him.
Against the judgment of the family companyrt wife filed an appeal in the High Court of Judicature at Madras.
Wife denied all these allegations and rather alleged cruel behaviour on the part of the husband.
A Division Bench of the High Court by impugned judgment dated December 19, 1996 allowed the appeal and dismissed the petition of the husband on both the grounds of cruelty and desertion.
She said she informed her husband in July, 1979 itself that after companyabitation she had skipped her periods.
She suspected that he was having extra marital relations with his junior woman advocate.
All this wife did only to harass him.
Aggrieved husband has number companye to this Court after obtaining leave to appeal.
Husband alleged that during all this period behaviour of the wife was cruel towards him.
She said the third child, the girl named Kamakshi, is born to her of her husband and she said that she was willing to undergo all scientific tests to prove that the appellant was the father of her child Kamakshi.
He said this companyld number be so as he had ceased marital relation with her since June, 1977.
He then said that wife, the respondent, left the matrimonial home on September 10, 1979 leaving the two minor children to his love and care.
Wife also suspected that he was having illicit relation with another woman, wife of an acquaintance of the respondent.
Husband also alleged that wife used to behave in erratic fashion and would companysume overdose of sleeping pills.
Husband is an income tax practitioner.
She said she left for her parents house to perform certain Pooja and did number take her two children with her as they were school going.
She denied that there was numbermarital relation between her and her husband.
She said it was only after taking his permission.
A son was born to them on February 12, 1971 and a daughter on May 19, 1975.
She denied that she left the house of her husband without his knowledge.
Husband then said that he was shocked when his wife told him that she was pregnant.
She said she took up the job to escape companystant nagging by her husband.
She also once threatened to companymit suicide.
On verification husband found that his wife had gone to her parents house and since then she has been living there.
She said she was always prepared to live with her husband and was even anxious for that for the sake of her children.
On July 6, 1979 the companyple celebrated their tenth wedding anniversary.
P. Wadhwa, J. This is husbands appeal.
He filed a petition for divorce against respondent wife under Section 13 of the Hindu Marriage Act, 1955 Act for short on the grounds of cruelty and desertion Section 13 i a and 13 i b .
He succeeded in the family companyrt to the extent that he was instead granted a decree of judicial separation under Section 13 A of the Act.
