P.Devaraj v. Manimala

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05-03-2018

CORAM:

THE HONOURABLE MR. JUSTICE R. SUBBIAH and

THE HONOURABLE MR. JUSTICE P.D. AUDIKESAVALU

Civil Miscellaneous Appeal No. 2235 of 2012

P.Devaraj .. Appellant/Petitioner Versus Manimala .. Respondent/Respondent Appeal filed under Section 19 of The Family Court Act against the Judgment and Decree dated 15.04.2004 passed in HMOP No. 497 of 2001 on the file of Family Court, Coimbatore.

For Appellant : Mr. V. Nicholas For Respondent : Mrs. S.S. Jothivani JUDGMENT (Judgment of the Court was delivered by R. Subbiah, J)

This appeal is filed by the appellant/husband questioning the correctness and/or validity of the Judgment and Decree dated 15.04.2004 passed in HMOP No. 497 of 2001 on the file of Family Court, Coimbatore. By the said Judgment, the Family Court refused to grant a decree of divorce and dismissed the Original Petition filed by the appellant.

1. It is the case of the appellant that he married the respondent on 24.01.1988 as per Hindu rites and customs and the marriage was solemnised at Kandasamy Chettiar Kalyana Mandapam, Oppanakara Street, Coimbatore in the presence of relatives of both sides. After marriage, the appellant and the respondent commenced their matrimonial journey in the house of the appellant. Due to the wedlock, a male and female child were born to them. It is stated that the appellant is working as a Car mechanic in a workshop called Coimbatore Automobiles and looked after the respondent and the children well. However, the respondent, even for trivial reasons, behaved rudely and indifferently towards the appellant which led to frequent quarrel. It is his case that the respondent did not respect his