C.M.A.No.186 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.02.2020
CORAM
THE HON’BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
C.M.A.No.186 of 2011
and
M.P.No.2 of 2014
V.Jagannathan … Appellant
Vs.
V.Jayashree … Respondent
Civil Miscellaneous Appeal is filed under Section 28 of the Hindu
Marriage Act, against the fair and final order passed in H.M.O.P.No.196 of
2006 dated 02.06.2010 on the file of Additional District Judge (Fast Track
Court – I) at Poonamalle.
For Appellant : M/s.V.Uma Shankar
For Respondent : No Appearance
Judgment
This Civil Miscellaneous Appeal has been filed against the fair and final
order dated 02.06.2010 passed in H.M.O.P.No.196 of 2006 on the file of the
Additional District Judge (Fast Track Court – I) at Poonamalle.
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C.M.A.No.186 of 2011
2. The case of the appellant is that the marriage between the appellant
and the respondent was solemnized on 11.11.2002 at No.5, Sulakshna
Kalyana Maaligai, Pillaiyar Koil Street, Pammal, Chennai – 600 075 as per
Hindu Rites and Customs. After the marriage, they were blessed with a
female child on 17.08.2004. The respondent was working as a Teacher in
S.S.M. Higher Secondary School, Kalathur, Chennai and was drawing a salary
of Rs.3,000/- per month. From the date of marriage, she used to suspect the
appellant and often used to quarrel with the appellant, and due to which,
there was a misunderstanding between them. On 22.04.2006, the respondent
as usual started to tease the appellant and slowly twisted it as a quarrel and
gone to the extent of beating, biting and pinching the appellant, and finally,
left the matrimonial home along with her child committing cruelty to the
appellant. After she went, many panchayats were held to rejoin them, but all
went in vain. Hence, the appellant has filed a petition for divorce in
H.M.O.P.No.196 of 2006 before the Additional District Judge (Fast Track
Court-I), Poonamalle.
3. Denying the allegations, the respondent/wife filed a counter affidavit
before the Court below stating that it is the appellant who behaved indecently
from the date of marriage and she has not committed any cruelty to the
appellant. Further, it has been stated that the appellant had not taken care of
the respondent and her child properly, and when the respondent questioned
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C.M.A.No.186 of 2011
the same, the appellant picked up quarrel with her and made them to starve.
Moreover, it has been stated that the respondent has not left the matrimonial
home deserting the appellant and it is the appellant who forcibly took the
respondent to her parents’ house and left her stating that he will comeback
and take her in the month of August, but thereafter he has not come.
Furthermore, it has been stated that the respondent is always ready to join
with the appellant and only the appellant is avoiding her.
4. The Additional District Judge (Fast Track Court – I), Poonamalle,
after considering the pleadings, oral and documentary evidence, dismissed
the petition filed by the appellant, and therefore, he has filed this appeal
before this Court.
5. Heard the learned counsel for the appellant and perused the
materials available on record.
6. It is seen from the records that the marriage between the appellant
and the respondent was held on 11.11.2002, and after the marriage, they
lived together only for three years and few months, and thereafter, they got
separated and the appellant has filed a petition for divorce in H.M.O.P.No.196
of 2006. They have also one female child who is now under the custody of
the respondent.
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C.M.A.No.186 of 2011
7. The appellant has stated in his petition that from the date of
marriage, the respondent never done any housekeeping work, she always
suspected him and quarreled with him, she never allowed his parents and
relatives to come to their house, and if he asked about anything, the
respondent used to shout and dash her head on the wall threatening that she
is going to die. But, on perusal of the records, it is seen that the appellant has
not examined any single witness before the Court below to prove the said act
of the respondent. Further, the appellant has stated that on 22.04.2006, the
respondent as usual started to quarrel with him and left the house along with
the child. But, during his examination, he himself has admitted that the
respondent had not left the home and only he had left her in her parents’
home stating that he will comeback and take her after the problems have
been solved. Moreover, the appellant has stated that after the respondent had
left the house, many panchayats were made but all went in vain, and
therefore, he filed a divorce petition. But none of the panchayatars were
examined before the Court below to prove his case.
8. The appellant has also stated in his deposition that after the
respondent had given birth to a female child, he tried in many ways to live
with the respondent, but the respondent was not willing to live with him, and
further, she and her father had demanded money from him and harassed him
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C.M.A.No.186 of 2011
physically and mentally. But, none of the witnesses were examined by the
appellant before the Court below to prove the said allegations. The
respondent/wife has also stated that she was willing to live with the appellant
and only the appellant had avoided her, but none of the records would show
that steps have been taken to live with the appellant. So, in the absence of
any clinching evidence produced by the appellant to prove the allegations
against the respondent, the Court below has rightly dismissed his divorce
petition and this Court is not inclined to interfere with the same.
9. Accordingly, in the above stated facts and circumstances, this Civil
Miscellaneous Appeal is dismissed. No costs. Consequently, the connected
miscellaneous petition is closed.
18.02.2020
raja
Index : yes/no
Internet : yes/no
Speaking Order/Non-Speaking Order
To
1. The Learned Additional District Judge (Fast Track Court – I),
Poonamalle.
2. The Section Officer, VR Section, High Court, Madras.
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C.M.A.No.186 of 2011
V.BHAVANI SUBBAROYAN.J.,
raja
C.M.A.No.186 of 2011
and
M.P.No.2 of 2014
18.02.2020
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