2025:MHC:2604 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date of Reserved 15/09/2025 Date of Pronounced 17/11/2025 CORAM:

THE HONOURABLE MS.JUSTICE R.POORNIMA C.M.S.A.(MD)No.12 of 2020 and C.M.P.(MD)No.3386 of 2020 Anitha : Appellant/Appellant/ Respondent Vs.

Gurusamy : Respondent/Respondent/Petitioner PRAYER: Civil Miscellaneous Second Appeal filed under Section 28 of the Hindu Marriage Act r/w. Section 100 of CPC, to set aside the judgment and decree made in HMCMA.No.2 of 2018 dated 20.02.2020 on the file of the Principal District Court, Ramanathapuram reversing the judgment and decree order dated 27.01.2017 made in HMOP.No.121 of 2014 on the file of the Subordinate Court, Ramanathapuram and allow this Civil Miscellaneous Second Appeal.

For Appellant : Mr.T.R.Jeyapalam For Respondent : No appearance

JUDGMENT

The Appellant/Respondent/Petitioner/wife has filed this Civil Miscellaneous Second Appeal against the judgment and decree dated 20.02.2020 passed in HMCMA. No.2 of 2018 on the file of the Principal District Court, Ramanathapuram reversing the judgment and decree dated 27.01.2017 made in HMOP. No.121 of 2014 on the file of the Subordinate Court, Ramanathapuram.

2. Brief case of the petition before the lower Court is as follows:

(a) The marriage between the appellant and the respondent was solemnized at Ramanathapuram on 17.02.2010. She is M.Sc., M.Phil., graduate and was working as a lecturer in a private college at the time of marriage. She was presented with 50 sovereigns of gold jewels and the respondent was presented with 5 sovereigns of gold jewels and a pulsar bike worth about Rs 85,000/- (Rupees Eighty Five Thousand only). Instead of seervarisai articles, appellant parents gave Rs.3,00,000/- (Rupees Three Lakhs Only) cash to the respondent. On 17.05.2010, the appellant became pregnant. However, due to her poor health condition the pregnancy was terminated on 18.08.2010. According to the appellant the respondent’s conduct caused several mental and physical suffering. The appellant apprehended that the respondent had an illicit relationship a Muslim married woman whose husband is employed abroad. Subsequently, the appellant became pregnant again. However the respondent didn't take care of the appellant and sent her to the maternal home on 16.06.2011. He did not visit the appellant or the his child who was born on 16.09.2011. According to the appellant, they approached the panchayat, as well as well as relatives and friends seeking reunion. However the respondent had no intention to live with the appellant. On 01.09.2012, the appellant lodged a complaint against the respondent before the All Women Police Station, Ramanathapuram the police conducted an inquiry and the respondent agreed to live with the appellant his child. Consequently, the police advised the parties to seek appropriate remedy before the Court.

(b) Despite several efforts taken by the appellant, the respondent was not willing to reunite with her and demanded a sum of Rs.5,00,000/- (Rupees Five Lakhs Only) for the dissolution of the marriage. Consequently, the appellant filed a divorce petition on the grounds of adultery, cruelty and desertion.

3. The respondent denied all the allegations contained in the divorce petition contending that he had never deserted the appellant. He stated that he had always supported her, including during her studies and throughout her pregnancy. According to him, the first pregnancy ended in abortion due to appellant’s poor health condition. He further asserted that it was the appellant's family who insisted that he should stay at their residence. He denied ever assaulting or shouting at the appellant. He further submitted that the appellant who voluntarily gave her 9 sovereigns of gold jewels which was pledged for purchasing a new Xerox machine. He always ready to live with his wife and his child and prayed for dismissal of the present Civil Miscellaneous Appeal.

4. On the side of the petitioner, P.W.1 was examined and Ex.P1 a