IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 11.12.2025

PRONOUNCED ON : 09.01.2026

CORAM :

THE HONOURABLE MR. JUSTICE C.V. KARTHIKEYAN

and

THE HONOURABLE MRS. JUSTICE K. GOVINDARAJAN THILAKAVADI

C.M.A.No. 606 of 2018 and C.M.P. No.5305 of 2018

Sankari @ M.G. Angulakshmi … Appellant

Vs.

S. Gokulakrishnan … Respondent

Prayer: This Civil Miscellaneous Appeal is filed under Section 19 of the Family Court Act 1984, against the judgment and decree dated 19.06.2017

made in HMOP No.331 of 2015 on the file of the Family Court, Erode.

For Appellant : Mr. M. Guruprasad

For Respondent : Mr. K.S. Jayaganeshan

JUDGMEN T

This instant appeal has been preferred by the appellant/wife against the

final judgment and decree dated 19.06.2017 made in HMOP No.331 of 2015 on the file of the Family Court, Erode, wherein the Family Court,Erode,

granted divorce in favour of the respondent/husband on the ground of cruelty.

2. The brief facts leading to the instant appeal are that the marriage between the appellant / wife and respondent / husband was solemnised on 02.02.2006 according to the Hindu Rites and Ceremonies at Uthukuli, Tiruppur Taluk and District. The conflict ensued between the parties and the parties have been living separately since December 2014.

3. The respondent / husband preferred a divorce petition under Section

13(1) (i-a) of Hindu Marriage Act, 1955, vide HMOP No.331/2015, before the Family Court, Erode, seeking dissolution of marriage on the grounds of mental cruelty and threat of life on the petitioner and his mother. The grounds seeking divorce were that the appellant / wife used to develop quarrel everyday and did not permit respondent / husband even to touch his mother and thereby caused mental cruelty to the respondent / husband. Under these circumstances, the respondent / husband filed HMOP No.209/2012 before Sub Court, Erode, under Section 13(1) (i-a) (i-b) of Hindu marriage Act, which was transferred to the Family Court, Erode, and renumbered as HMOP No.75/2014. Thereafter, in pursuant to the mediations, they rejoined and the said HMOP No.75/2014 was not pressed.

4. Few months later, the appellant / wife again started quarrelling with the husband and used filthy languages against him and his mother and also accused him of having illicit relationship with his mother. Her behaviour was abnormal and openly challenged her husband that she would kill him and his mother. On 24.09.2014, she deliberately picked up a quarrel with regard to the formalities in the tonsuring and ear piercing ceremony of their daughter at Kuladeivam temple and used filthy language against his mother, who was 65 years old. Hence, he was constrained to file the present HMOP No. 331/2015 on the grounds of mental cruelty and threat to life.

5. The divorce petition was contested by the wife who denied all the allegations and claimed that her parents at the time of marriage had given her jewels and household articles. She had denied all the allegations made in the divorce petition and that while leaving the matrimonial home she had left 69.500 gms of gold jewels and expressed her willingness to live along with her husband and prayed for dismissal of the divorce petition. The respondent's petition seeking for divorce on the ground of mental cruelty was allowed by the Family Court, Erode, vide order dated 19.06.2017.

6. Aggrieved by this, the present appeal is preferred by the wife.

7. The learned counsel for the appellant / wife strongly urged before this Court that, the ground on which the learned Family Court granted divorce is illegal and implausible and the same necessitates interference by this Court and that there is no acceptable and cogent evidence to substantiate that the husband suffered cruelty at the hands of the wife. It is further submitted that the husband failed to prove the allegations of cruelty against himself and his mother. Without proper appreciation of evidence on record, the learned Family Court Judge had granted divorce in a cavalier manner which is