S.Balasankar vs J.Elavarasi
2021 Latest Caselaw 22131 Mad

                                                                            CMSA(MD)No.40 of 2019



                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 10.11.2021
                                                     CORAM:

                                  THE HONOURABLE MRS.JUSTICE S.ANANTHI

                                              CMSA(MD)No.40 of 2019 &
                                               CMP(MD)No.9735 of 2019


                     S.Balasankar
                                                                               ... Appellant
                                                        vs.

                     J.Elavarasi                                              ... Respondent


                     PRAYER : Civil Miscellaneous Second Appeal filed under Section 100
                     of Civil Procedure Code read with Order 42 Rule I of Civil Procedure
                     Code against the fair and decreetal order dated 26.03.2019 in
                     CMA(HM)No.16 of 2018 on the file of the Principal District Judge,
                     Tiruchirapalli confirming the Judgment and Decree dated 07.09.2017 in
                     HMOP.No.90 of 2017 on the file of the First Additional Subordinate
                     Judge, Tiruchirapalli.


                                   For Appellant      :Mrs.N.Krishnaveni,
                                                       Senior Advocate

                                   For Respondent     :Mr.A.Sivasubramanian




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                                                                                  CMSA(MD)No.40 of 2019




                                                      JUDGMENT

The appellant/husband filed this appeal to set aside the order in

CMA(HM)No.16 of 2018 on the file of the Principal District Judge,

Tiruchirapalli confirming the Judgment and Decree dated 07.09.2017

passed by the First Additional Subordinate Judge, Tiruchirapalli in

HMOP.No.90 of 2017, which was filed on the ground that the

respondent/wife suppressed her caste and got married with him.

2. The petition in HMOP.No.90 of 2017 was filed under Section

12(1)(c) of Hindu Marriage Act. Hence, we have to see whether any

fraud was committed by the respondent to solemnize the marriage. The

appellant sought divorce on the only ground that the respondent's bio-

data was registered with one Ganapathy Thevar Narpani Mandram,

Thirumana Thagaval Mayam, as if she belongs to Agamudaiyar

Community. However, as per the Community Certificate, the respondent

belongs to Valluvan Community. Believing that the respondent belongs

to Agamudaiyar Community, marriage was solemnized between the

appellant and the respondent. After six months, the appellant found out

that the respondent belong to Valluvan Community. Hence, he filed

HMOP.No.90 of 2017 for divorce, within a period of six months.

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CMSA(MD)No.40 of 2019

3. The appellant who submits that the respondent had committed

fraud, has to prove the fraud committed by the respondent. Even the

responsible person in Ganapathy Thevar Narpani Mandram, Thirumana

Thagaval Mayam was not examined by the appellant to prove that the

respondent wantonly registered her caste as Agamudaiyar, in order to get

married to the appellant. Whether the respondent has knowledge about

the registration of her case as Agamudaiyar is not known. As per the

Judgment of the Principal Seat of this Bench, in the case of A.Premchand

vs. V.Padmapriya reported in 1996 (II) CTC 620, suppression of caste is

not at all a material suppression or fraud. It would not affect the

marriage life. Nowadays, inter caste marriages are solemnized and the

couples are living together happily. Hence, this Court is of the opinion

that there is no sufficient ground for grant of divorce. Both the Courts

below had rightly dismissed the petition and appeal on the sole ground

that the petitioner has not proved the case. This Court also finds no

material ground to entertain this appeal.

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CMSA(MD)No.40 of 2019

S.ANANTHI, J.

mbi

4. Accordingly, this Civil Miscellaneous Second Appeal is

dismissed in the admission stage itself. No costs. Consequently, the

connected Miscellaneous Petition is closed.

10.11.2021

Index : Yes/No Internet : Yes/No

mbi

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1.The Principal District Court, Tiruchirapalli

2.The First Additional Subordinate Court, Tiruchirapalli

CMSA(MD)No.40 of 2019

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