IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 25.07.2024 CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MR.JUSTICE P.DHANABAL C.M.A.No.1212 of 2023 S. Logeswari @ Kavitha W/o. v. Manikandan D/o. A. Srinivasan ... Appellant / Petitioner vs.

V. Manikandan S/o. Mr. Velayutham Udayar ... Respondent PRAYER: The Civil Miscellaneous Appeal is filed under Section 19 of Family Court Act to set aside the judgment and decreetal order dated 20.07.2022 in F.C.O.P. No.230 of 2019 on the file of Family Court, Chengalpet.

For Appellant : Ms. S.A. Mahisha Kirthika For Respondent : No appearance.

JUDGMENT

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

The Civil Miscellaneous appeal has been preferred as against the fair and decretal order passed in F.C.O.P. No.230 of 2019 on the file of Family Court, Chengalpet dated 20.07.2022 wherein the appellant herein has filed a petition before the Trial Court for dissolving the marriage between the appellant and the respondent on the grounds of ‘cruelty’ and ‘desertion’. The Trial Court dismissed the petition, against which the present appeal is filed.

2. The case of the appellant is as follows:-

The marriage between the appellant and the respondent was solemnized on 03.03.2006 as per the Hindu rites and customs at Villupuram. Out of the wedlock, a male child was born to them and he was 6 years at the time of filing of petition. The appellant was almost engaged in household work only and kept her under house arrest without permitting her to go out. The petitioner was not allowed to take her food in time and she had no rest at the matrimonial home. The respondent used to beat the appellant. Earlier the appellant was conceived and got aborted due to her poor health condition and heavy work. The respondent did not take care of the child and the appellant and he also had adulterous relationship with her aunt. The respondent used to cause threat very often by promising that he will commit suicide by implicating her in the suicide note and also he threatened to take pills and attempted to burn his hands through stove. Therefore, the appellant felt that it is quite unsafe to live with the respondent and she shifted to her residence to her parents’ house on the guise of helping to her parents. Though the appellant and the respondent were residing in the same roof, there was no conjugal relationship and no talking terms for more than 4 years. The appellant has only admitted her child in the school and maintaining her child on her own with her funds. Therefore, the appellant filed a petition before the trial Court for seeking divorce on the grounds of ‘cruelty’ and ‘desertion’. 3. The case of the respondent is that he admitted the marriage between the parties and a male child born to them. The averments made in the petition all are denied as false. The averment that the respondent is having illicit intimacy with his aunt is stoutly denied. The petition was not filed on the ground of ‘adultery’ and the name of the ‘adulteror’ has also not been mentioned. Therefore, the appellant filed a petition with false allegations. The respondent is a Teetotaler and if divorce is granted, life of the minor child will get affected and the father of the appellant is a policeman and hence due to his ill advice, she filed this petition. There are no grounds to attract ‘cruelty’ as well as ‘desertion’. Therefore, the petition is liable to be dismissed.

4. Before the Trial Court, on the side of appellant, she was examined as PW1 and Ex.P.1 to Ex.P.7 were marked. On the side of respondent, RW1 and RW2 were examined and Ex.R.1 was marked. The Trial Court after hearing both sides and analysing the evidence adduced on either side, dismissed the petition. Aggrieved by the said dismissal order, the present appeal is filed on various grounds.

5. The learned counsel appearing for the appellant would contend that the marriage between the appellant and the respondent was solemnized on 03.03.2006 and thereafter, a male child wa