IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 24.06.2025 Coram:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI C.M.S.A.No.21 of 2024 and C.M.P.No.6229 of 2024 Shyamaladevi ...Appellant Versus Senthilnathan ...Respondent This Civil Miscellaneous Second Appeal is filed under Section

13(1)(a) of the Hindu Marriage Act r/w. Section 100 of C.P.C praying to set aside the judgment and decree dated 02.11.2023 in C.M.A.No.10 of 2022 on the file of the Court of District Judge, Nagapattinam confirming the judgment and decree dated 28.07.2022 passed in H.M.O.P.No.110 of 2019 on the file of the Court of Subordinate Judge, Nagapattinam.

For Appellant : Ms.T.Aananthi For Respondent : No Appearance

JUDGMENT

This Civil Miscellaneous Second Appeal has been preferred against the Judgment and Decree dated 02.11.2023 in C.M.A.No.10 of 2022 passed by the learned District Judge, Nagapattinam, confirming the Judgment and Decree dated 28.07.2022 in H.M.O.P.No.110 of 2019 passed by the learned Subordinate Judge, Nagapattinam.

2. The brief facts of the case are that the marriage between the appellant and respondent held on 12.05.2013 at Chockaiyan Prema Marriage Hall, Vedharanyam in the presence of elders as per the Hindu Rites and Customs. During their marriage, the parents of appellant/wife had presented gold jewels, two wheeler and household articles as Sridhana to the appellant/wife. At the time of marriage, the respondent/husband was jobless, but, the appellant/wife was working as a Teacher in a Primary School managed by her grand-father. When the appellant/wife was 2 months pregnant, the respondent/husband and his mother had abused and insulted the appellant/wife. During the 7^th month of her pregnancy, the parents of appellant/wife had brought the appellant/wife to their home for baby shower. On 02.04.2014, a female child born to the appellant/wife. Since the appellant/wife gave birth to a female child, the respondent/husband had beaten the appellant/wife. That apart, without even considering the health condition of the appellant/wife, the respondent/husband compelled the appellant/wife to be ready for 2^nd child and also, harassed the appellant/wife by using filthy languages and body shaming words. On 27.04.2018, the respondent/husband went to the appellant's/wife's parents house and demanded the appellant/wife as well as her father to transfer all their properties in his name, but, they refused to do so. Hence, there was a quarrel between the respondent/husband and the family of appellant/wife, during which, the respondent/husband assaulted the appellant/wife as well as her father and also, cut the “Thaali Chain” of the appellant/wife.

3. Aggrieved by the aforesaid activities of the respondent/husband, the appellant/wife filed a petition in H.M.O.P.No.110 of 2019 under Section 13(1)(a) of the Hindu Marriage Act, 1955 before the Sub Court, Nagapattinam seeking divorce to dissolve the marriage held between the appellant/wife and respondent/husband, on the grounds of cruelty.

4. The respondent/husband filed his Counter Statement in H.M.O.P.No.110 of 2019 denying all the averments made by the appellant/wife in H.M.O.P.No.110 of 2019.

5. Before the trial Court, the appellant/wife examined herself as P.W.1 and 4 documents were marked as Exs.P1 to P4 on the side of appellant/wife. On the side of the respondent/husband, the respondent/husband examined himself as R.W.1, but, no document was marked as exhibit.

6. After hearing the arguments on both sides and perusing the oral and documentary evidence, the learned Subordinate Judge, Nagapattinam vide Judgment and Decree dated 28.07.2022, dismissed H.M.O.P.No.110 of 2019 by holding that the reasons assigned by the appellant/wife is not sufficient to conclude that the respondent/husband had caused cruelty to the appellant/wife.

7. Aggrieved over the Judgment and Decree dated 28.07.2022 passed by the Trial Court, the appellant/wife preferred an Appeal in C.M.A.No.10 of 2022 before the District Court, Nagapattinam. However,