IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.02.2022

CORAM :

THE HON'BLE MR.JUSTICE T.RAJA

AND

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

C.M.A.No.1774 of 2017

R.Manimudi

... Appellant

Versus

M.Bagyalakshmi

... Respondent

Prayer : Civil Miscellaneous Appeal has been filed under

Section 19 of Family Courts Act, against the Order and Decree

dated 21.10.2016 passed in H.M.O.P.No.985 of 2008, by the Learned

Principal Judge, Family Court at Coimbatore.

For Appellant

: M/s.AL.Ganthimathi

For Respondent

: Mr.B.Vijayakumar

JUDGMENT

D.Bharatha Chakravarthy, J.

This Civil Miscellaneous Appeal is filed by the

appellant/husband viz., Mr.R.Manimudi, aggrieved by the Judgment

dated 21.10.2016 in H.M.O.P.No.985 of 2008, dismissing the

application filed by him under Section 13(1)(ia) of the Hindu

Marriage Act, 1955, for dissolving the marriage between him and

the respondent/wife viz.,

M.Bagyalakshmi, solemnized on

06.07.2006.

2.The case of the appellant before the Family Court,

Coimbatore is that his marriage with the respondent was

solemnized on 06.07.2006. Even from the date of marriage, without

informing him, frequently, the respondent/wife would go to her

parents' house and thereafter threatened him to come and take her

back, by stating that she would otherwise commit suicide. She did

https://hcservices.ecourts.gov.in/hcservices/

not perform the domestic chores at the matrimonial home right

from the date of marriage. She attempted to commit suicide in the

year 2006 i.e., 20 days before the Deepavali Festival by

consuming cow dung powder. Thereafter, upon compulsion of the

appellant's parents, a separate residence was set up, even then

she lived with him only for 20 days. Thereafter, she picked up a

quarrel and went away. Again upon the insistence of the

appellant, she came back, and by citing that she was seven months

pregnant and there was no assistance to her, she again went back

to her parents' house.

3.On 24.08.2007, the appellant received a message that

she delivered a boy baby and he visited her in the hospital.

Thereafter, again the respondent/wife went back to her parents'

house. Without even consulting the appellant or his parents, the

respondent/wife named the child. After a prolonged delay, she

came back, but, however, immediately, by breaking her bangles and

making emotional drama, she went back to her parents' house. The

respondent/wife came back after four months for living, even

during that period also she did not do any domestic chores and

she did not properly look after the child. Thereafter, on

30.06.2008, the appellant picked up a quarrel and called her

brother Raja, who also telephonically abused the appellant.

However, in spite of the persuasion, on the same day, she left

to the parents' house.

4.The appellant also lodged a complaint on 07.07.2008

before the Alandurai Police Station to unite the respondent/wife

and the child, however, the respondent/wife even refused to come

for enquiry. Even then the appellant wanted to forget the past

and again live with the respondent. Therefore, he issued a legal

notice on 17.07.2008 calling upon her to come and live together.

Since she did not come even after receipt of the legal notice, a

petition for divorce was filed.

5.The case of the respondent/wife before the Family

Court, Coimbatore was that after the marriage, she was performing

all the domestic chores as a dutiful wife, and she fulfilled all

the necessities of her husband including cooking, sending him at

a time for his business. After the respondent came to the

matrimonial home, on 18.02.2008 i.e., after the birth of the

child, the appellant insisted for jewels for the child and also

money for building a house. Demanding the same, the respondent

was sent to her parents house. On 03.06.2008, she was als