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2016 Supreme(Mad) 2308

IN THE HIGH COURT OF JUDICATURE AT MADRAS
A. SELVAM, P. KALAIYARASAN, JJ.
Candida Justina - Appellant
Vs.
Sunderbabu - Respondent
C.M.A. No. 1372 of 2015 & M.P. Nos. 1 & 2 of 2015
Decided On : 28-07-2016

Advocates:
Advocate Appeared:
For the Appellant : Mr. S. Subbiah
For the Respondent: Mr. S. Vimal

Headnote:Christian Law – Family court was correct in dissolving the marriage. Wife willfully did not consummate the marriage. She established dowry demands by her mother in law but could not corroborate the same. She did not stay even for 3 months at her matrimonial house. She did not subject to medical. Husband was correct in asking dissolution of marriage on ground of mental cruelty.

JUDGMENT :

P. Kalaiyarasan, J.

This Civil Miscellaneous Appeal is directed against the Judgment and Decree, dated 20.04.2015 passed in M.O.P. No. 184 of 2009 by the Family Court at Puducherry, dissolving the marriage, as prayed for by the respondent/husband.

2. The wife is the appellant in this Civil Miscellaneous Appeal. The averments of the respondent/husband in nutshell are as follows :-

(i) The appellant and the respondent married on 09.06.2008 at Anderea Church, Reddiarpalayam, Pondicherry and followed by a reception and the same was registered before the Oulgaret Municipality on the same day. The marriage is arranged one. During the first night, the appellant had refused to consummate the marriage with the respondent/husband and had requested the husband with folded hands to postpone the consummation of marriage to later date. The husband also agreed to the same on humanitarian grounds. Even after that she kept distance from the husband and his family members and her behaviour was indifferent. She had repeatedly expressed aversion to sex life and deceived the husband the matrimonial bliss. Immediately after marriage, i.e., on 11.06.2008, the appellant asked the respondent / husband for a divorce. She further stated that she is not interested in matrimonial life and the marriage was forced upon her by her parents and elders.

(ii) She also informed that her consent for marriage was obtained forcibly by her parents and she had only preferred to become a Nun. The marriage was not consummated and the husband was awaiting consummation of marriage. The spouses came to the matrimonial home on 14.06.2008 from appellant's parents house and immediately on the next day, 15.06.2008, the appellant asked her husband to take her to her parent's house. In spite of his advice, she persisted and therefore, the husband took her to her father's house. She returned to the conjugal home only after a week.

(iii) The appellant's aversion to the matrimonial life made the respondent's life a misery and he felt the agony of living with an unwilling wife. Suddenly on 24.08.2008, the appellant packed all her things and stated that she is going to her parent's house and will not come back at all to the shock of the respondent and his parents. When asked she told that she is not interested in marriage life and the respondent and the respondent's parents tried to convince her. On 30.08.2008, the appellant had left the conjugal home and went to her parent's house with all her clothes and jewels. The respondent immediately went and informed the appellant's parents about the happenings and they told that they would convince and send back the appellant within 15 days.

(iv) The appellant came back to the conjugal home after 20 days. After few days, when the husband tried to consummate the marriage, the wife had stated that she will commit suicide if he tries to consummate with her. On 18.10.2008, the appellant's father came to the conjugal home and took the appellant to his house saying that he will bring the appellant back after 15 days. Even after a month, she did not turn up. Therefore, the husband went to the appellant's house and called but she refused to come back. Thereafter, on 16.11.2008, he sent his elder sister and brother-in-law to the appellant's house to convince and bring her back, but they were abused by the parents of the appellant and asked the respondent to come. When the respondent again went, he was also abused and assaulted by the appellant's father and one Murali.

3. The respondent sent legal notice on 15.02.2009, calling upon the appellant for mutual divorce, but she sent reply dated 03.03.2009 stating vexatious and false allegations. The allegations about peeping through the hole in the window by the mother of the husband and the demand of dowry are all false.

4. The averments of the appellant/wife in her counter are as follows :

(i) The marriage is admitted. Non-consummation is false. On the date of marriage itself, the appellant and the resp


























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