This Second Appeal challenging a judgment on restitution of conjugal rights was dismissed. Finding no substantial question of law involved and noting family harmony, the court refused to interfere with the concurrent findings of lower courts.
Civil Miscellaneous Second Appeal failed and is dismissed. No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.07.2019
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
C.M.S.A.No.12 of 2016
Madavan
... Appellant/Appellant/Respondent
-vs-
Mohanasundari
...Respondent/Respondent/Petitioner
Memorandum of Grounds of Civil Miscellaneous Second Appeal filed under Section 28 of Hindu Marriage Act read with Section 100 of C.P.C. against the judgment and decree dated 11.12.2015 made in CMA.7/13 on the file of the District Judge, Nagapattinam, dismissing the appeal and confirming the judgment and decree dated 21.03.2013 made in HMOP.No.124/2010 on the file of the Principal Sub-Court, Mayiladuthurai.
JUDGMENT
The present Civil Miscellaneous Second Appeal has been filed under Section 28 of Hindu Marriage Act read with Section 100 of C.P.C. against the judgment and decree dated 11.12.2015 made in CMA.7/13 on the file of the District Judge, Nagapattinam, dismissing the appeal and confirming the judgment and decree dated 21.03.2013 made in HMOP.No.124/2010 on the file of the Principal Sub-Court, Mayiladuthurai.
rights. As against that the appellant herein-husband has filed CMA.No.7/2013 before the District Judge, Nagapattinam adding one more ground that the respondent wife is having illicit intimacy with her sister's husband that was not even pleaded before the trial court. Therefore, the learned I Appellate Court has disallowed the appeal. As against the same, the present Civil Miscellaneous Second Appeal has been filed.
a. Whether the courts below are right in holding that the respondent is entitled to scold the appellant for not earning money; and
b. Whether the courts below erred in not seeing that the harassment made by the respondent threatening suicide is a good cause for not living with the respondent.
Sd/Assistant Registrar(CO)
//True copy//
Sub Assistant Registrar
tsi
To
Copy To: The Section Officer, V.R. Section, High Court, Madras.
+1cc to Mr.S.Sounthar, Advocate SR.No.55784
+1cc to Mr.N.Nissar Ahmed, Advocate SR.No.55709
C.M.S.A.No.12 of 2016
SVI(CO) GMY(16/08/2019) GMY(09/09/2019)
2 issues framed by the court
Whether lower courts were right to hold respondent entitled to scold appellant for not earning money.
Whether threats of suicide by the respondent constituted a valid cause not to live together.
2 provisions across 2 enactments
Madavan
Mohanasundari
T. Raja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
