S.Ananthavalli vs Balachandran
2024 Latest Caselaw 173 Mad

Madras High Court

S.Ananthavalli vs Balachandran on 3 January, 2024

Author: G.Jayachandran

Bench: G.Jayachandran

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Dated : 03.01.2024

CORAM :

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

AND

THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN

C.M.A(MD)No.803 of 2018

S.Ananthavalli ... Appellant/Petitioner

Vs.

Balachandran ... Respondent

Prayer: Civil Miscellaneous Appeal is filed under Section 19 of the Family Court Act, 1984, to allow the appeal by setting aside the fair and decreetal order dated 09.07.2018 made in H.M.O.P.No.982 of 2015 passed by the Family Court, Madurai, Madurai District.

                                        For Appellant      : M/s.S.Palani Velayutham
                                        For Respondent     : M/s.J.Bharathan

                                                         ****




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                                                      JUDGMENT

The appellant herein is the wife has filed a divorce petition under

Section 13(1)(i-a)(i-b) of the Hindu Marriage Act, before the Family Court,

Madurai, on the ground of cruelty and desertion. The said petition was

dismissed. Against which, the present appeal has been filed.

2.The brief facts of the case in the civil miscellaneous appeal are as

follows:

The marriage was solemnized between the appellant and the

respondent on 12.06.1995. At the time of marriage, the appellant was working

as a Teacher in Madurai Mangayarkarasi Middle School, Madurai. The

respondent is a Telephonic Mechanic in BSNL. They have a female child,

presently 27 years old. The parties got separated for a period of four years prior

to the filing of H.M.O.P. Thereafter, the petition for divorce was filed by the

appellant/wife.

3.The admitted facts is that the appellant/petitioner and her daughter

are living in the house, which alleged to have been purchased by the respondent

in the name of his wife, appellant herein. The daughter is a graduate.

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4.According to the appellant, she had been subjected to cruelty by the

respondent and therefore, she has driven him out from the matrimonial home

and now she seeks for divorce.

5.The trial Court, on considering the admission made by the

appellant/petitioner, has held that there is no material to show that the appellant

was subjected to either cruelty or desertion by the respondents.

6.When a specific allegation is made regarding cruelty, there must be

an incidence and evidence to that effect which will substantiate the case of the

appellant/petitioner. However, in this case, except four documents and

testimony of the appellant/petitioner, there is no material to show that the

appellant/petitioner was subjected to cruelty by the respondent. Hence, the

grounds for divorce has contemplated under Section 13(1)(i-a)(i-b) of the

Hindu Marriage Act, fails.

7.Likewise, the desertion, as pointed out by the trial Court, the

petitioner/appellant, who was driven out the respondent from the matrimonial

home and not otherwise. Therefore, the ground of desertion is also not proved

https://www.mhc.tn.gov.in/judis by the petitioner/appellant. When there is no material to dissolve the marriage

either on the ground of desertion or on the ground of cruelty, which is caused

the spouse are living separately and there is no different between them divorce

cannot be granted. If the parties are intend to dissolve the marriage, they should

come out with correct reasons and materials.

8.In this case, this Court finds that the appellant had sought for

divorce without adequate reasons. Hence, the order of the Family Court is

confirmed and the Civil Miscellaneous Appeal stands dismissed. No costs.

(G.J.,J.) (C.K.,J.) 04.01.2024 NCC:Yes/No Index:Yes/No Internet:Yes/No Ns To

1.The Family Court, Madurai, Madurai District.

2.The Vernacular Section, The Section Officer, Madurai Bench of Madras High Court, Madurai.

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