M. Meenakshi vs C. Gunaseelan - 2025 Supreme(Mad) 5270

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Mad) 5270

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, R.POORNIMA
M. Meenakshi – Appellant
Versus
C. Gunaseelan – Respondent

Advocates Appeared:
For the Appellant : J. Anandkumar

JUDGMENT :

G.K. ILANTHIRAIYAN, J.

1. This Civil Miscellaneous Appeal has been preferred as against the Judgment and Decree passed in H.M.O.P.No.649 of 2024, dated 13.11.2024 on the file of the Family Court, Karur, whereby dismissing the petition for divorce.

2. The appellant is the wife and the respondent is the husband. They were married on 02.07.2009. Thereafter, they had no issues and developed misunderstandings. Consequently, they separated and the appellant filed a petition for divorce on the ground of cruelty under Section 13(1)(1-A) of the Hindu Marriage Act, 1955.

3. On the side of the appellant, she examined herself as P.W.1 and marked Ex.P.1 to Ex.P.5.

4. Though the respondent was duly served with notice, he failed to appear before the trial Court and as such, he was set ex-parte. However, the Family Court dismissed the divorce petition on the ground that the appellant herself left the matrimonial home and deserted the respondent and that she had gone away with her erstwhile lover. On that basis, the Family Court concluded that the respondent had not committed any cruelty against the appellant. Aggrieved by the same, the present appeal has been preferred by the appellant.

5. Ev