Advocates:
['M/S C P R KAMARAJ', '', 'dharmaraj p', 'karpagavalli v', 'm/s a sundaravadhanan', '', 'm arun']

C.M.S.A.Nos.14 & 15of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.06.2022

CORAM

THE HONOURABLE MS. JUSTICE P.T.ASHA

C.M.S.A. Nos.14 & 15 of 2019

[CMSA.No.14 of 2019]

Mr.Nachimuthu

...Appellant/ Appellant /Respondent

Vs

Mrs.Bhooma

... Respondent/ Respondent/Petitioner

[CMSA No.15 of 2019]

Mr.Nachimuthu

... Appellant/ Appellant /Petitioner

Vs

Mrs.Bhooma

... Respondent/ Respondent/ Respondent

PRAYER in CMSA No.14 of 2019: Appeal filed under Order 41 Rule 1

and Section 96 of CPC, against the judgement and decree dated 21-12-2018

passed in CMA.2/2018 on the file of the Addl. Dist. Judge FTC Mettur in

confirming the judgement and decree dated 01-08-2017 passed in

HMOP.124/2011 on the file of the Trail Court Sub Judge Mettur Salem

District.

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C.M.S.A.Nos.14 & 15of 2019

For Petitioners : M/s. C.P.R. Kamaraj

For Respondent : Mr.A.Sundara Vardharan

PRAYER in CMSA No.15 of 2019: Appeal filed under Order 41 Rule 1

and Section 96 of CPC, Against the judgement and decree dated 21-12-2018

passed in CMA.3/2018 on the file of the Addl. Dist. Judge FTC Mettur in

confirming the judgement and decree dated 01-08-2017 passed in

HMOP.116/2011 on the file of the Trail Court Sub Judge Mettur Salem

District.

For Petitioners : M/s. C.P.R. Kamaraj

For Respondent : Mr.A.Sundara Vardharan

COMMON JUDGEMENT

These two Civil Miscellaneous Second Appeals have been filed by the

appellant/ husband. Since the facts in both the appeals are common, I am

proceeding to pronounce a common judgment.

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C.M.S.A.Nos.14 & 15of 2019

2. Civil Miscellaneous Second Appeal No.14 of 2019 has been filed

against the Judgement and Decree dated 01/08/2017 in C.M.A. No.2 of

2018 on the file of the Additional District Court FTC, Mettur, confirming the

Judgement and Decree in HMOP No.124 of 2011 on the file of the Sub

Judge Mettur. H.M.O.P.NO.124 of 2011 is the petition for restitution of

conjugal rights filed by the respondent/wife.

3. Civil Miscellaneous Second Appeal No.15 of 2019 has filed

challenging the Judgement and Decree dated 01/08/2017 in C.M.A. No.3 of

2018 on the file of the Additional District Court FTC, Mettur, confirming the

Judgement and Decree in HMOP No.116 of 2021. HMOP No.116 of 2021

has been filed by the appellant/ husband seeking divorce.

4. The appellant/husband had filed the petition for divorce on the

ground of cruelty and desertion. The grounds of cruelty set out in the

petition are as follows:-

A) That the respondent/wife had accused the appellant's mother of

having poisoned their daughter.

B) That the respondent/wife has left her matrimonial home without

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C.M.S.A.Nos.14 & 15of 2019

sufficient cause.

5. The respondent/wife on the other hand had filed HMOP No.124 of

2011 seeking restitution of conjugal rights. The respondent/wife in her

petition would submit that she had been subjected to a lot of ridicule as she

had given birth to two girls. The second daughter had died of snake bite

when she was at her paternal grandfather’s house and the respondent had

come to learn that the appellant's mother and sister had informed the

relatives that they have killed the child as the respondent herein had not

given birth to a son.

6. The respondent/wife further submitted that after the intervention of

Panchayatar the appellant herein had agreed to set up a separate family at

Anthiyur where the respondent, her elder daughter and the appellant had

lived together till the month of May 2009. Thereafter, without any prior

intimation the appellant had simply left the respondent/wife and her child

and went away and had never returned. The respondent's parents had

approached the appellant and requested him to return home but he refused

the same. However, the appellant came ov