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2026 Supreme(Mad) 712

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.K.ILANTHIRAIYAN, R.POORNIMA
Godhandam – Appellant
Versus
Irulayee – Respondent


Advocates Appeared:
For the Appellant : Mr.R.Suriyanarayanan
For the Respondent: Ms.Epsiba for Mr.R.Aravind Raj

JUDGMENT :

G.K. ILANTHIRAIYAN, J.

This Civil Miscellaneous Appeal has been preferred against the Judgment and Decree passed in H.M.O.P.No.215 of 2017 dated 06.07.2018 on the file of the Family Court, Sivagangai, whereby dismissing the petition for divorce.

2. The appellant is the husband and the respondent is the wife.

3. Heard the learned Counsels appearing on either side and perused the materials available on record.

4. The appellant and the respondent got married on 19.08.1999. From the day of the marriage, the respondent had shown the appellant her unwillingness to lead a peaceful life with him. She had allegedly abused the appellant physically and verbally and insisted on living separately. Consequently, they got separated and the appellant filed a petition for divorce on the ground of cruelty under Section 13(1) (ia) of the Hindu Marriage Act, 1955.

5. On the side of the appellant, two witnesses were examined as PW1 and PW2, and five exhibits were marked as Exs.P1 to P5. On the side of the respondent, two witnesses were examined as RW1 and RW2 and no exhibit was marked on the side of the respondent.

6. On perusal of the records, it is revealed that the respondent did not cooperate w

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