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V.Jagannathan vs V.Jayashree on 18 February, 2020

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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