Civil Miscellaneous Appeal regarding divorce petition dismissed by Family Court. High Court held marriage broken down due to long separation and mutual accusations. Dissolved the marriage.
Impugned judgment and decree set aside; marriage solemnized between parties dissolved.
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C.M.A.(MD).No.18 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.02.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN
C.M.A.(MD).No.18 of 2024
V.Thavasankarapandian .. Appellant/Petitioner
Vs.
Punitha .. Respondent/Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 19 of Family Courts Act, 1984, r/w Section 104 of Civil Procedure Code, against the order passed in H.M.O.P.No.40 of 2020 on the file of the Family Court, Ramanathapuram dated 04.01.2022.
For Appellant : Mr.K.Elancheziyan For Respondent : Mr.A.Kannan
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C.M.A.(MD).No.18 of 2024
JUDGMENT
DR.G.JAYACHANDRAN,J. and C.KUMARAPPAN,J.
The present Civil Miscellaneous Appeal is filed by the husband aggrieved by the dismissal of the divorce petition filed on the ground of cruelty and desertion.
C.M.A.(MD).No.18 of 2024
respondent, there was some petty quarrel and therefore, a complaint was registered against the appellant and his family members by the respondent. In the said complaint, the police enquired and advised the appellant to set up nuclear family, for which the appellant agreed, but, however the respondent did not respond to that and did not join the appellant. In the said circumstances, left with no other go, the appellant filed a petition for divorce on the ground of desertion and cruelty. Immediately to counter blast, the respondent/wife lodged a police complaint against the appellant and his family members. According to the appellant, by filing a criminal complaint under Section 498A IPC, the mental cruelty got aggravated. The appellant was forced to approach the Hon'ble High Court to quash the said FIR in Crime No.12 of 2020 dated 24.07.2020 and succeeded. In the said background, divorce was sought for by the appellant.
that desertion was only by the appellant, who under the guise of employment left the respondent at his house, but did not care to maintain her and visit her. Therefore, she was forced to leave the matrimonial home and be under the care and protection of her parents. Occasionally, the Page 3 of 8
C.M.A.(MD).No.18 of 2024
appellant came to meet her, but only to extract money and demand dowry. After waiting for five years that the appellant will change his attitude and found that he will not, the respondent gave a complaint to the All Women Police Station at Keelakarai. Based on the said complaint, the Police enquired and advised the appellant to set up nuclear house and take back the respondent. However, the appellant deliberately and willfully failed to set up nuclear house. Left with no other option, another complaint was given. However, suppressing the facts, the appellant and his family members got the complaint quashed.
C.M.A.(MD).No.18 of 2024
which was ultimately found to be a false complaint and quashed by this Court. In the said circumstances, without considering the fact that the marriage has irretrievably broken down and the parties have reached a point of no return, the Trial Court had dismissed the divorce petition inspite of own admission of the respondent that she is not willing to join the appellant.
C.M.A.(MD).No.18 of 2024
separation, allegations and counter allegations, criminal complaints, all put together clearly indicates that both the parties have the illusion of being subjected to cruelty by the other person. In the said circumstances, there is no purpose in keeping the marital bond only on paper. Considering the age of the parties and the long separation as well as the mutual allegations of cruelty against each other, this Court is of the view that the marriage held between the appellant and the respondent has to be dissolved. Accordingly, the marriage solemnized between the appellant and respondent on 22.05.2015 is hereby dissolved.
(G.J.,J.) (C.K.,J.) 08.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm Page 6 of 8
C.M.A.(MD).No.18 of 2024
To
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C.M.A.(MD).No.18 of 2024
DR.G.JAYACHANDRAN,J. and C.KUMARAPPAN,J.
Lm
C.M.A.(MD).No.18 of 2024
08.02.2024
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2 issues framed by the court
Whether the marriage between appellant and respondent, separated for a long time with mutual allegations of cruelty, has irretrievably broken down.
Whether the divorce petition dismissing is sustained or dissolution is ordered despite own admission of respondent that she is not willing to join appellant.
1 provisions across 1 enactments
V.Thavasankarapandian
Punitha
G.JAYACHANDRAN
KUMARAPPAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
