Madras High Court
J.Rajathi @ Arokiarani vs D.Joe Thirumavalavan on 3 March, 2021
C.M.A.No.1677 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 03.03.2021
CORAM:
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
C.M.A.No.1677 of 2015
and M.P.No.1 of 2015
J.Rajathi @ Arokiarani
.. Appellant
Vs.
1.D.Joe Thirumavalavan
2.Selvam
.. Respondents
PRAYER : Civil Miscellaneous Appeal is filed under Section 55 of the
Indian Divorce Act, praying to set aside the judgment and decree dated
13.02.2015 passed by the 1st Additional District Judge, Salem in
IDOP.No.237 of 2010 and allow this Civil Miscellaneous Appeal.
For Appellant : Mr.V.Kathirvelu
For Respondents : M/s.J.Antony Jesus
1/6
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1677 of 2015
JUDGMENT
The appellant herein is the wife. Against whom, her husband/1st
respondent herein filed a petition under Section 10(1) (i) 10(1) (ix) of
Divorce Act, 1869 to dissolve the marriage of the petitioner and the 1st
respondent, which was held on 27.11.2000 at Sacred Heard Church at Erode.
She also contested the said petition. After full trial, the trial Court allowed
the application by granting divorce. Aggrieved by that, the wife filed this
appeal.
2. Facts reveal that the marriage between the appellant and the
first respondent was held on 27.11.2000 as per Catholic Rights and Customs
and they lived happily for few months at Salem Camp at Mettur and shifted
the matrimonial home to Erode at the request of this appellant. They are
settled at Lenin Street, Erode Town. After shifting the matrimonial home to
Erode, the attitude of this appellant was changed and she has started to
demand sophisticated articles to lead the luxury life and very often she was
quarrelled with her husband and abused him in filthy language. She
prevented her husband to look after his aged widow mother and not allowed
to give monetary support. Besides, they developed illegal intimacy with the
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1677 of 2015
second respondent/Selvam and they used to visit cinema theatre and other
places in the absence of the petitioner. In spite of his advice, she continued
her illegal activities, so he shifted the house to Salem Camp in the month of
March 2004. Thereafter, quarrelled with him and went back to her parents
house at Erode. He made several attempts to bring back, but she is not
interested to live with him. She developed illegal intimacy with second
respondent and she took her belongings and started adultery life with second
respondent at Erode. The whereabouts of the appellant was not known for
after seven months, thereafter, she was traced out. Notice was issued in the
year 2005, but at the instigation of the second respondent, she threatened him
with rowdy elements, she caused desertion, cruelty and also adultery life with
the second respondent, hence he approached the Court for divorce.
3. The learned counsel for the respondent submitted her
objection, she admits the marriage, but denied other allegation and she also
submits that it is impossible to re-union with her husband and also prayed to
allow the application. Thereafter, she filed an additional counter and she
would further submit that mediation for final settlement was arranged and
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C.M.A.No.1677 of 2015
divorce agreement dated 23.09.2011 was executed, but the husband has not
acted as per the agreement. So the wife returned the Demand Draft for a sum
of Rs.1,00,000/- received towards maintenance to her husband. The husband
also promised to hand over articles and jewels and she is willing to perform
the terms of the divorce agreement. But she denied her illegal intimacy with
second respondent and she submits that she is ready to live with her husband.
The second respondent denied all the allegation levelled against him. She
submits that the mother of the appellant is known to him and he participated
in the mediation talk apart from that he has not developed any illegal
intimacy with her. Hence, he prayed to dismiss the appeal.
4. The husband was not interested with the wife as she
developed illegal relationship. However, he also contended that he requested
to co-habit with him but she picked up quarrel without any reason. Though
the appellant denied her illegal relationship with second respondent, but on
seeing her evidence, she received notice which was addressed to 2nd
respondent's residence.
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C.M.A.No.1677 of 2015
5. According to the first respondent, the appellant along with the
second respondent are residing in the same address, where the said notice was
served. Though, she denied that she is not living with him, but the summons
and notice was served to No.23, Anna Nagar, S.P.P.Colony, Pallipalayam,
Thiruchengode Taluk, Namakkal District. This fact is totally denied by the
appellant stating that she went to post office and received the said notice. It
is unbelievable that how she came to know about the notice, which was in the
post office.
6. However, there is no evidence of the appellant to disprove
all these allegations levelled against her. Even in the year 2005 itself the
appellant filed complaints against her husband, which reveal that from the
year 2000 there was no love and affection between them. After the marriage,
they have no issues. Inspite of the Panchayats, she has not preferred to live
with her husband and filed divorce agreement. Though there is no direct
evidence to prove the adultery but facts reveals that they are leading a life in
one house as discussed above. Both facts are rightly appreciated by the trial
Judge and divorce application was allowed and there is no merit in this
appeal.
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C.M.A.No.1677 of 2015
T.V.THAMILSELVI,J.,
ub
7. Accordingly, this Civil Miscellaneous Appeal is dismissed.
Consequently, connected miscellaneous petition is closed. No costs.
03.03.2021
ub
Index : Yes/No
Speaking Order: Yes/No
C.M.A.No.1677 of 2015
03.03.2021
https://www.mhc.tn.gov.in/judis/
