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2017 Supreme(Mad) 1444

MADRAS HIGH COURT
M.V. MURALIDARAN, J.
Gayathiri - Petitioner
Versus
Thirumaran – Respondent
CRP(PD)No. 3617 of 2012 and M.P. No. 1 of 2012
Decided on : 09-03-2017

Advocates:
Advocate Appeared:
For the Petitioner:Mr. Haja Mohideen Gisthi, Advocate.
For the Respondent:Mr. N. Senthilkumar, Advocate.

Headnote:

Hindu Marriage Act.- Section 13(1)(ia) and 26 – Divorce – Grounds of divorce – Cruelty - Respondent states that out of their wedlock, one female child was born namely Padmapooja, aged about 3 years, they have been living for a period of few months in the above said address. Thereafter, the petitioner/wife has left the matrimonial home without informing this respondent/husband. The respondent/husband also states that at the time of marriage, this petitioner/wife has not bring any Sreethana Articles from her parents and all the belongings are in her parents house - Petitioner/wife has failed in her marital life in the matrimonial home and failed to perform her duty and she has also not care about the respondent/husbands welfare and without any valid cause or reason the petitioner/wife has developed animosity towards the respondent/husbands parents and insisted the respondent/husband to shift their residence at her parents house in order to severe his relationship to the respondents parents – Held, unless the parties are personally appeared before the Court it would be very difficult for Family Court to assess whether they have changed their mind since the date of petition, the hearing does not necessarily means that both the parties have to be examined in the hearing. It is stated that one of the parties is abroad or is disabled, the personal appearance of the parties can be changed their mind for reunion between them. Mere filing of the affidavit through their power agent will not solved the problem or the dispute between them, but the personal appearance of both the parties will definitely change the minds of the parties. The very performable of Family Courts Act 1984, one would covered every endeavor is required to be made by the Family Court should assist the parties arriving at the speedy settlement of the matter. Therefore, Section 9 of the Family Courts Act provided and appropriate legal enforcement of settlement in an amicable manner, the parties are not only require to be assisted, but also require to be assisted and persuaded by the Judge in arriving at a settlement, while keeping in view of the practicing and behaviour, the marriage between the parties to the extent of possible, the Family Court is require to utilise the skill and gained over long time of period by ill-society, then finding suitable case for them hence, reconsideration of the disagreements between the parties. Therefore, there is a famine intention in the mind of the Family Courts that the matter is settled between the parties or compromise between the parties and hence, the personal appearance of the parties are absolutely necessary and very allowing of the application - Civil revision petition is allowed

ORDER :

M.V. Muralidaran, J.

The respondent/wife in O.P.No. 3180 of 2011, on the file of the II Additional Judge, Family Court, Chennai, is the civil revision petitioner before this Court, challenging the order in I.A.No. 2813 of 2011 in O.P.No.3180 of 2011, dated 06.08.2012, on the file of the II Additional Judge, Family Court, Chennai.

2. The respondent/petitioner/husband, who has filed the divorce petition in O.P.No.3180 of 2011 before the learned II Additional Judge, Family Court, Chennai against this petitioner/wife, seeking divorce on the ground under Section 13(1)(ia) and 26 of Hindu Marriage Act.

3. The case of the respondent/husband is that the marriage of the respondent and this petitioner was solemnized on 27.08.2007 as per Hindu rites and community customs at Yadhava Kalyana Mandapam. After their marriage, the respondent has settled their family and lived together as husband and wife at No.28/6, Sangeetha Flats, Gujji Second Street, VOC Nagar, Anna Nagar East, Chennai- 102.

4. The respondent also states that out of their wedlock, one female child was born namely Padmapooja, aged about 3 years, they have been living for a period of few months in the above said address. Thereafter, the petitioner/wife has left the matrimonial home without informing this respondent/husband. The respondent/husband also states that at the time of marriage, this petitioner/wife has not bring any Sreethana Articles from her parents and all the belongings are in her parent's house.

5. After settled the family as husband and wife, they were lived in the above said address and during the said marriage life, this petitioner/wife has never shown any respect or affection in favour of the respondent herein. The respondent/husband also states that this petitioner/wife has refused to do the house work and she has having love and affection with her parents only. But, condoning her immature behaviour hoping that one day she will understand about the significance of the married life. But, unfortunately, there is no change in her behaviour and her behaviour become not change. The respondent/husband has lived with the petitioner/wife, but she was not changed her attitude.

6. The respondent/husband also states that the petitioner/wife has not behaved and not acted as Hindu dutiful wife and the respondent never enjoyed blessed and the comfort of the marital life. The respondent/husband also states that the petitioner/wife has also not given any love, affection and respect to the respondent/husband and family members of the respondent/husband. But, she had having quarrelled with the respondent/husband and his family members for the silly reasons and all along the respondent/husband has adjusted the attitude of the petitioner/wife in the matrimonial home and lived peacefully with the petitioner/wife.

7. The respondent/husband also states that this petitioner/wife has failed in her marital life in the matrimonial home and failed to perform her duty and she has also not care about the respondent/husband's welfare and without any valid cause or reason the petitioner/wife has developed animosity towards the respondent/husband's parents and insisted the respondent/husband to shift their residence at her parent's house in order to severe his relationship to the respondent's parents.

8. The respondent/husband also raised a grounds stating that this respondent/husband has shocked and surprised that this petitioner/wife is suffering from Epilepsy (FITS), even she was unable to touch the water and she is suffering as mentally ill-patient and she behaved like mental patient. Therefore, the respondent/husband has requested the petitioner and the parents of the petitioner/wife for taking necessary treatments, but they have told that they have no proper medicine for her disease. The respondent/husband also requested the petitioner/wife for taking Foreign Medical Treatment, but the petitioner/wife and her parents adamantly refused to send the petitioner/wife to the respondent/hus









































































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