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Judgments of Supreme Court of India and High Courts

A.Sudha vs S.Ramesh Kumar on 14 February, 2020

C.M.A.No. 1523 of 2017

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 14.02.2020

Coram

THE HONOURABLE MR. JUSTICE M.M.SUNDRESH
and
THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY

C.M.A.No. 1523 of 2017
and
C.M.P.No.8126 of 2017

A.Sudha .. Appellant

vs.

S.Ramesh Kumar .. Respondent

Appeal filed under Section 19 of the Family Courts Act against

the judgment and decree dated 03.07.2015 made in F.C.O.P.No.182 of

2006 on the file of the Family Court, Salem.

For Appellant : Mr.V.Singan

For Respondent : No appearance

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C.M.A.No. 1523 of 2017

JUDGMENT

(Delivered by M.M.SUNDRESH, J.)

This appeal has been preferred by the respondent in

F.C.O.P.No.182 of 2006, aggrieved over the decree granted for divorce

by the Family Court, Salem on the ground of cruelty.

2.The marriage between the appellant and the respondent was

solemnised on 23.05.2004 and a child was born on 07.04.2005 out of

the wedlock. Alleging that the appellant has committed illegal act

including the illicit relationship with the wife of named person, the

appellant gave the complaint. The complaint has been registered in

Crime No.15 of 2006. Pursuant to the registration of the case, the

respondent was arrested and after the investigation, charge sheet has

been laid.

3.The jurisdictional Court viz., Judicial Magistrate Court,

Thuraiyur in C.C.No.103 of 2007 acquitted the respondent by the

judgment dated 21.01.2013, which has been marked as Ex.P7.

Needless to state that even the father of the respondent has been

arrested.

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C.M.A.No. 1523 of 2017

4.The Family Court took into consideration Exs.P4 to P7 granted

a decree for divorce on the ground of cruelty. Challenging the same,

the present appeal has been filed.

5.Heard the learned counsel appearing for the appellant. Despite

service of notice and the name of the counsel for the respondent

having been printed in the cause list, there is no representation on

behalf of the respondent.

6.Learned counsel appearing for the appellant submitted that

mere giving criminal complaint cannot be a factor to grant divorce. The

allegations made by the appellant are very serious. The allegations are

also to the effect that the respondent forced her to have relationship

with the third party, with whose wife, the respondent is alleged to be

having relationship. It is only under those circumstances, she gave a

complaint for the offence punishable under Sections 498A and 506(ii)

IPC read with Section 4 of Dowry Prohibition Act. Therefore, the appeal

will have to be allowed.

7.We have perused the judgment of the Family Court and the

documents marked under Exs.P1 to P7. Ex.P4 is the complaint given in

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C.M.A.No. 1523 of 2017

Crime No.15 of 2006. Even before that, the respondent sent legal

notice to the appellant under Ex.P2. Therefore, the very complaint

itself came into being after the legal notice sent by the respondent.

Thereafter, both the respondent and his father were arrested. It was

also published in the news paper under Ex.P6. Petition for divorce was

filed on 04.09.2006, which is also prior to the complaint given. As per

Ex.P7, all the accused including the respondent were acquitted.

However, damage has been done in the interregnum, not only the

respondent but also his father was arrested. As stated, even before

such arrest, the respondent sent a legal notice Ex.P2 dated

12.08.2006 and filed a petition for divorce on 04.09.2006.

8.In such view of the matter, we do not find any error in the

order passed by the Family Court. Accordingly, the Civil Miscellaneous

Appeal stands dismissed. No costs. Consequently, connected

miscellaneous petition is closed.

(M.M.S.J.,) (K.R.J.,)
14.02.2020

Index:Yes/No
mmi

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C.M.A.No. 1523 of 2017

To

The Family Court,
Salem.

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C.M.A.No. 1523 of 2017

M.M.SUNDRESH, J.

and
KRISHNAN RAMASAMY, J.

mmi

C.M.A.No. 1523 of 2017

14.02.2020

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