IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON : 02.12.2025 PRONOUNCED ON : 08.12.2025 CORAM:

T HE HONOURABLE MR. JUSTICE C .V.KARTHIKEYAN AND THE HONOURABLE MR. JUSTICE K.KUMARESH BABU CMA No. 5 of 2022 K.Harisudha D/o. K.Kuresan ... Appellant/Petitioner Vs Satheesh Babu S/o. Shanmugam ...Respondent/Respondent Prayer: Civil Miscellaneous Appeal filed under Section 19 of Family Courts Act 1984, against the fair and decreetal order dated 05.10.2021 passed by the Hon'ble Family Court at Chengalpattu in FCOP No.129 of 2019 refusing a decree of divorce against the appellant on the ground of cruelty.

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For Appellant : Mr. S.Ruban Prabu For Respondent : Mr. G.Balasubramanian for M/s. Leela & Co.,

J U D G M E N T

(Order of the Court was made by C.V.KARTHIKEYAN, J.

The petitioner in FCOP No.129 of 2019 on the file of the Family Court at Chengalpattu is the appellant herein. She had filed the said petition seeking dissolution of the marriage solemnised between her and the respondent on 27.08.2004. She had filed the petition under Section 13(1)(ia) and 13(1)(ib) on the grounds of cruelty and desertion. The said petition was dismissed by Judgment dated 05.10.2021. Questioning the reasons given in the said Judgment, the present Appeal had been filed.

2. In the petition seeking divorce, it had been contended by the appellant herein that the marriage between her and the respondent had been solemnised on 27.08.2004 and a girl child was born to them on 15.06.2005. She got a job as Lecturer in SRM University at Kattangulathur and the family had shifted their residence to Guduvancherry. They shifted their residence again to Chengalpattu. It was contended that the respondent used to come home drunk every night and suspected her fidelity and used to quarrel with her and also beat her and the children from her and separate the children and kept them in a separate room and did not allow her to see the children. It was also contended that he also took her ATM card and prevented her withdrawing any amount.

3. The appellant contended that she was doing her Ph.d., course and the respondent was giving all sorts of troubles. He also beat her and abused her. The children were also put to much hardship. Their education were spoiled. It was contended that she had issued a notice on 03.06.2017 for which a reply was given on 15.06.2017. She had also lodged a complaint before the Inspector of Police, Chengalpattu Town Police Station on 01.03.2019 seeking custody of the children. It was under those circumstances that she had filed the petition seeking divorce on the grounds of cruelty and desertion.

4. The respondent filed a counter denying and disputing the allegations. He denied that he was alcoholic and that he used to drink in front of the children. He stated that his parents were school teachers and his brother was a Doctor. He also stated that he was also profitably employed. He stated that the appellant picked up quarrels and abused his parents. She also locked their room and pushed them out of the house. He also stated that he took transfer certificate from the school for the children and admitted him in another school at Tirchy. He stated that he is ready and willing to lead a happy married life with the appellant in the interest of the children. He therefore sought that the petition should be dismissed.

5. During trial, the appellant examined herself as PW-1 and marked Exs. P-1 to P-8. Ex.P-6 was the copy of the notice dated 03.06.2017 and Ex.P-7 was the copy of the reply notice dated 16.06.2017. Ex.P-8 was the copy of the CSR registered by the Chengalpattu Town Police Station, dated 18.03.2019. The respondent examined himself as RW-1 and did not mark any document.

6. On the basis of the oral and documentary evidence, the learned trial Judge held that both the appellant and the respondent levelled allegations against each other, raising grievances against the conduct of the other and continued to live separately. It was noted that they were both wel