IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on: 20.06.2024 Pronounced on:12.07.2024 CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MR.JUSTICE P.DHANABAL C.M.A.No.1155 of 2021 P.M. Vijay Manjunath ... Appellant / Petitioner vs.

1. R.J. Gokulapriya W/o. P.M. Vijay Manjunath

2. Ashok Kumar Gnanavel S/o. Gnanavel ... Respondents / Respondents PRAYER: The Civil Miscellaneous Appeal filed under Section 19 of Family Court Act, 1984 to set aside the judgment and decree dated 23.10.2019 in O.P. No.162 of 2019 on the file of Family Court, Krishnagiri.

For Appellant : Mr. K.V. Sajeev Kumar For Respondents : Mrs. Chitra Sampath, Senior Counsel for Mr. T.S. Baskaran [for R1]

No appearance [for R2]

JUDGMENT

(Judgment of the Court was made by P.DHANABAL,J.)

The Civil Miscellaneous Appeal has been preferred as against the fair and decreetal order passed in H.M.O.P No.162 of 2019 on the file of Family Court, Krishnagiri, wherein the appellant herein filed a petition for divorce on the ground of cruelty and also filed for compensation of Rs.50 lakhs and the same was dismissed by the Trial Court. Aggrieved by the said order, the present appeal is filed.

2. The brief facts before the Trial Court are as follows:-

The 1^st respondent is the wife of the petitioner. The 2^nd respondent is the paramour of 1^st respondent. The marriage between the petitioner and the 1^st respondent took place on 14.02.2013 at Krishnagiri District and thereafter the same was registered at Pochampalli. At the time of marriage, the 1^st respondent was a final year college student and after the marriage, they lived only for 10 days. The 1st respondent left the matrimonial home and went to complete her studies and stayed in the hostel. After completion of her studies in May 2013, she reluctantly returned to the matrimonial home. Thereafter, the 1^st respondent disclosed that she had arrears in her academic examinations and she needs to write her exams and the petitioner made arrangements to escort the 1^st respondent to her college, but she shouted the petitioner and she stated that she was in love with the 2^nd respondent and she was forced to marry the petitioner against her wishes. The 1^st respondent also insulted the petitioner in front of her parents and she insulted the petitioner in filthy language and called his name like ‘blacky’ and ‘dirty fellow’. After the advice of elders, she reluctantly returned to the petitioner’s home. Thereafter, she gave photograph of the 2^nd respondent and told the petitioner that she is madly in love with the 2^nd respondent. In the month of August 2013, the petitioner approached the 1^st respondent to live with him, but the 1^st respondent scratched the petitioner on his face and hit him on his head and abused him with obscene words. Thereafter, she threw her mangal sutra on the petitioner. The petitioner learnt that the 1^st and 2^nd respondents were continuing their illicit relationship. Thereafter, panchayat was held and the 1^st respondent did not deny the relationship and acknowledged that still she is in active and voluntary relationship with the 2^nd respondent. Further the petitioner discovered incriminating emails and mobile phone messages between the 1^st and 2^nd respondents. In the last week of October 2013, the 1^st respondent called the petitioner and told him that she is pregnant with the child of the 2^nd respondent and the petitioner shocked and the petitioner also told that it was in the matrimonial home, the 2^nd respondent spent time with her and had uninterrupted access to her. The 1^st respondent also told the petitioner to accept the child as his own child or she will kill him and his family. The 1^st respondent had a tendency of suicide and implicated the petitioner and his parents as the cause to her death. The 1^st respondent, on many occasions, held a knife on her wrist and threatened to cut her veins. Due to the continuing harassment and torture meted out to him, it caused grave danger to his life and mental heal