IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 06.08.2025 CORAM:

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI and C.M.P.No.13259 of 2024 D.Reetha Mary ...Appellant Vs.

M.Christhuraj ...Respondent Prayer : Civil Miscellaneous Appeal filed under Section 55 of Indian Divorce Act, against the Judgment and decree passed by the Learned Principal District Court, Vellore, Vellore District in I.D.O.P.No.30/2018 by order dated 15.04.2024.

For Appellant : Mr.E.Kannadasan For Respondents : Mr.D.Edwin Yovan

J U D G M E N T

This appeal is filed by the appellant challenging the Judgment and decree made in I.D.O.P.No.30 of 2018 dated 15.04.2024 passed by the learned Principal District Court, Vellore, Vellore District.

2.For the sake of convenience, the parties are referred to as per their ranking before the Tribunal.

3.The appellant herein is the respondent in I.D.O.P.No.30 of 2018 and the petitioner in I.D.O.P.No.01 of 2020. The respondent herein is the petitioner in I.D.O.P.No.30 of 2018 and the respondent in I.D.O.P.No.01 of 2020 before the Principal District Court, Vellore District.

4.The brief facts of the case are as follows:

(i)The husband filed a petition in I.D.O.P.No.30 of 2018 under Section 10(x) of the Divorce Act, 1869 to grant divorce from the wife, dissolving their marriage that was solemnized on 03.05.2006 at St.Lourdu Church, at Kanakkankuppam as per Christian rites and customs.

(ii).Pending the divorce petition, the wife filed I.A.No.01 of 2020 on 03.12.2020 under Section 36 of the Divorce Act, 1869 for claiming interim maintenance including minor son viz., C.John Fredrick, litigation expenses and alimony of Rs.75,000/- from the date of filing of the maintenance petition till the date of disposal of the case from the income of the husband.

(iii).Originally, the petition was filed before the Principal District Court, Villupuram in D.O.P.No.132 of 2017. As per the orders of this Court in Tr.C.M.P.No.186 of 2018 dated 03.07.2018, the above case was ordered to be withdrawn from the Principal District Court, Villupuram and taken on file as I.D.O.P.No.30 of 2018 on 27.08.2018 and thereafter proceeded further.

5 .Brie f facts from the petition averments of the petitioner/husband are as follows:

The petitioner is the husband and the respondent is the wife. Their marriage took place on 03.05.2006 at St.Lourdu Church, Kanakkankuppam as per Christian rites and customs. After the marriage, they started their marital life in a happy mood for one year. The petitioner/husband served in the Army and retired as a Havildar. When he was serving in the Army, he often visited the marital home on leave and behaved as a dutiful husband. But the respondent/wife, without any valid reason, even in the short period where the parties resided at the marital home as husband and wife, picked up quarrel with the petitioner's parents, left the matrimonial home and went to her parental house. Whenever the petitioner/husband expected conjugal rights, the same were refused and neglected by the respondent/wife which amounts to mental cruelty. For which, the petitioner/husband filed a divorce petition in O.P.No.65 of 2014 before the Principal District Court, Villupuram and the same was withdrawn by the advise of elders and friends. After that withdrawal, the petitioner and respondent started their marital life again at the respondent's parents' house at Alamelumangapuram, Sathuvachery, Vellore. Thereafter, they shifted their residence to a rental house at Baghayam. The respondent abused the petitioner with bad words and failed to do her duties as a housewife. The petitioner's father died on 11.07.2015 due to illness. Further, the respondent directed the petitioner not to go to his parental house and thus he could not take care of his parents and it amounts to mental cruelty to the petitioner. The petitioner sent a notice dated 18.10.2016 to the respondent calling upon her to come and live with him in the marital home. But the respondent sent a reply notice dated 02.11.201