IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.01.2022

CORAM :

THE HON'BLE MR.JUSTICE T.RAJA

AND

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

C.M.A.No.3088 of 2019

Josephine Nisha Kumari

... Appellant/Petitioner

Versus

1.Emanual

2.The Commissioner,

Etate-Civil,

Karaikal Municipality,

Karaikal.

... Respondents/Respondents

Prayer : Civil Miscellaneous Appeal has been filed under Section

19 of the Family Courts Act, 1984 to set aside the order and

decretal order, dated 31.01.2019 made in M.O.P.No.48 of 2017 on

the file of the Family Court, Karaikal by allowing the appeal.

For Appellant

: Mr.P.Parthiban

For Respondents : Mr.R.Natarajan

JUDGMENT

(Judgment of this Court made by Mr.Justice D.Bharatha

Chakaravarthy)

This Civil Miscellaneous Appeal is filed by the

unsuccessful wife, namely, Josephine Nisha Kumari, aggrieved by

the judgement and decree of the Family Court, Karaikkal, dated

31/01/2019 in the M.O.P.No.48 of 2017 whereby the petition filed

by the appellant wife for granting a divorce by dissolving the

marriage between herself and the respondent husband, namely,

Emanual, on 03/02/2002 as per Christian rights at the Church at

Church Street, Kariakkal and registered in No.30 of 2002 was

dismissed.

2. The appellant and the respondent are Christians and

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

they got married as per Christian rites on 03/02/2002 at the

Church at Church Street, Karaikkal. Even after taking treatment,

they were not blessed with any child and therefore, they have

adopted a female child on 6/8/2008. The child was born to her

putative parents on 16/07/2008 and was taken in adoption within

a month and the petitioner and the respondent named her as

Sandaline Margaret. There was marital discord between the

appellant in the respondent and the appellant is living

separately away from the matrimonial home from the year 2015.

The female child is living continuously with the father. The

appellant is working as a Staff Nurse in the Health Department

of the Government of Puducherry. The respondent is working as a

Primary School Teacher in the Education Department of the

Government of Puducherry.

3. The appellant wife is approaching the court of law

praying for divorce for the second time. Earlier she filed

M.O.P.No.29 of 2016, however, the Family Court, Karaikkal, was

successful in effecting a conciliation between the parties and

thus, a joint compromise memo was filed on 26/05/2016 and the

earlier divorce petition was disposed off in terms of the

compromise memo, whereby, the parties undertook to live together

along with their adopted child.

4. Thereafter, the present M.O.P.No.48 of 2017 is filed

by the appellant wife on the ground of cruelty. On a perusal of

the petition filed by the appellant wife, she alleges the

following acts of cruelty against her husband:

(a). From the beginning of the marriage, the respondent

husband is interested only in money that is the salary of the

petitioner wife and after extracting all her money and salary

she was not treated well and this amounts to cruelty. The

respondent husband has the ATM card and spends all the money

from her account. The respondent husband also constructed a

house property from and out of her salary. Thus, she was denuded

of all her salary and the earnings while she got nothing in

return the marriage. This behaviour of the respondent amounts to

cruelty;

(b). The respondent husband twice behave violently by

pressing her neck endangering her life and also ill-treated her

by scolding in unparliamentary words;

(c). Even after undertaking to live together in the year

earlier M.O.P., she was not allowed to enter the matrimonial

home and is forced to live separately.

5. The respondent husband filed a counter. It is his case

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