K.Sagunthala vs A.Kaliamoorthy
2021 Latest Caselaw 4077 Mad

                                                                                C.M.A.No.302 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 17.02.2021

                                                          CORAM

                            THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

                                                C.M.A.No.302 of 2021
                                                        and
                                            C.M.P.Nos.2043 & 2046 of 2021

                     K.Sagunthala                                                 ..Appellant
                                                            Vs.

                     A.Kaliamoorthy                                              ..Respondent

                     Prayer : Civil Miscellaneous Appeal filed under Section 28 of Hindu
                     Marriage Act, against the Fair and Decreetal order passed in
                     M.O.P.No.22 of 2005 dated 12.07.2007 passed on the file of the
                     Additional District Judge, Puducherry at Karaikal.
                                      For Appellant       : Mr.S.Srinivasan

                                      For Respondent    : Mr.Vasudevan
                                                          For M/s.T.Susindran
                                                      JUDGMENT

The marriage between the appellant and the respondent was

solemnized on 29.04.1984 as per the Hindu Rites and Customs.

2. The respondent/husband filed a petition under Section 13(1)(ib)

of the Hindu Marriage Act, seeking Dissolution of Marriage on the

ground that from the beginning, the appellant/wife was not co-operating https://www.mhc.tn.gov.in/judis/

C.M.A.No.302 of 2021

with the respondent/husband in the matrimonial life. The respondent in

his petition has stated that both of them were not living happily and after

the year 1986, the appellant/wife refused to live with the

respondent/husband. Thus, the respondent/husband filed a petition for

divorce on the ground of cruelty and desertion.

3. The Additional District Court, Karaikal, adjudicated the issues

with reference to the documents and evidences. The trial Court

considered the fact that the appellant/wife adamantly refused to live with

the respondent/husband and left the respondent/husband with the

children and permanently stayed in the residence of her parents at

Viswanathapuram, Vizhidiyur. The allegations regarding the desertion

was also considered by the trial Court. Though the appellant/wife has

raised a ground that the respondent/husband was having an illicit

relationship with another lady during the year 1989, the said allegation

of adultery had not been established. Further, no such adultera has been

impleaded in the proceedings. As per the evidence available, the trial

Court found that the appellant/wife was living with the

respondent/husband till the year 1986. The appellant/wife lived with the

respondent/husband only for about 3 years and thereafter, she refused to https://www.mhc.tn.gov.in/judis/

live with the respondent/husband. She at her own volition, went to her

C.M.A.No.302 of 2021

parents house and had taking her two children. When the appellant/wife

adamantly refused to live with the respondent/husband and further, the

respondent/husband was established that he was regularly sent money

order to the address of her father's residence and those money order

receipts were also filed as documents before the trial Court, the Trial

Court arrived a conclusion that the appellant/wife deserted the

respondent/husband and therefore, he is entitled for the relief of

dissolution of marriage.

4. The learned counsel appearing on behalf of the

respondent/husband brought to the notice of this Court that the divorce

was granted on 12.07.2007 and thereafter, the respondent/husband got

remarried. However, the respondent/husband is remitting the

maintenance amount punctually and this being the submission made,

this Court is of the considered opinion that the marriage between the

appellant and the respondent became irretrievably broken down and

decree of divorce was granted in the year 2007 by the trial Court and

already 13 years lapsed and in between the respondent/husband got re-

married.

https://www.mhc.tn.gov.in/judis/

C.M.A.No.302 of 2021

S.M.SUBRAMANIAM, J.

kak

5. This being the factum, the appellant/wife is not entitled for the

relief as such sought for and accordingly, the Fair and Decreetal order

dated 12.07.2007 passed in M.O.P.No.22 of 2005 stands confirmed and

the Civil Miscellaneous Appeal in C.M.A.No.302 of 2021 stands

dismissed. No costs. Consequently, connected miscellaneous petitions

are closed.

17.02.2021

kak Index: Yes/No Internet:Yes/No Speaking/Non-Speaking order

To The Additional District Judge, Puducherry at Karaikal.

C.M.A.No.302 of 2021

https://www.mhc.tn.gov.in/judis/