IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON : 18.12.2025 PRONOUNCED ON : .01.2026 CORAM THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN AND THE HONOURABLE MR.JUSTICE K.KUMARESH BABU CMA No.673 of 2016 and CMP No.5479 of 2016 Vanasundari Appellant(s)

Vs Prakash Respondent(s)

Prayer: Civil Miscellaneous Appeal filed under Section 19 of the Family Courts Act to allow this Appeal, set aside the fair and decretal order dated 12.01.2016 in H.M.O.P. No.2 of 2014 passed by the Court of the Family Judge, Villupuram and to grant the relief sought for by the appellant.

For Appellant(s): Mr.F.W.H.Pithasan for Mr.L.S.M.Hasan Fizal For Respondent(s): M/s.R.Meenal

JUDGMENT

(Judgment of the Court was made by C.V.Karthikeyan, J.)

The respondent in HMOP No.2 of 2014, on the file of the Family Court at Villupuram, aggrieved by an order dated 12.01.2016 allowing the petition filed under section 13(1) (ia) (ib) of the Hindu Marriage Act, 1955, is the appellant herein.

2.HMOP No.2 of 2014 had been filed by the respondent herein seeking dissolution of the marriage between him and the appellant herein held on 28.11.2004. He had filed the said petition on the ground of cruelty and desertion. In the petition, it had been stated that the appellant herein had insisted of setting up a separate residence within three months from the date of marriage and the respondent also complied with the said demand. He was able to arrange for a thatched house. The appellant however often quarrelled stating that she cannot live in such a house. Thereafter, they shifted to a rented house. It was again contended that the appellant again raised a quarrel stating that the house did not have sufficient facilities. Thereafter, the respondent and his parents built a new house in the year 2006 by selling the properties of his parents and also borrowing a sum of Rs.7,50,000/- from third parties. The front portion was occupied by the parents while the back portion was occupied by the appellant and the respondent. A boy was born on 16.04.2008. The appellant came back to the matrimonial house in August 2008 and thereafter, left to her parents house in October 2008. She then came back on 17.11.2008 and left finally to her parents house. She then lodged a complaint before the All Women Police Station, Villupuram, alleging cruelty. The respondent was brought to the Police Station and verbally abused and threatened. He was also assaulted and he was directed to arrange for a new rented house. The respondent was not able to comply with the said demand. After three years, another complaint was lodged at the All Women Police Station by the appellant against the respondent and his parents and an FIR in crime No.67/2011 was registered. The respondent was arrested and remanded to judicial custody. He was released on bail after seven days. His parents were also thereafter enlarged on bail. It was stated that the appellant continued to pick up quarrels and had caused untold pain and cruelty to the respondent and his family members. The respondent issued a legal notice on 05.12.2008 which was received, but reply was not given. It was under those circumstances that the petition was filed seeking dissolution of the marriage on the grounds of cruelty and desertion.

3.In the counter affidavit, the allegations against the appellant were denied and it was alleged that the respondent and his parents demanded three sovereigns of gold and drove the appellant away from the matrimonial house. It was contended that the respondent and his parents did not visit her house to see the child after his birth. It was stated that when she went back to the matrimonial house, her belongings were thrown outside and she was told that she could not enter the house without bringing three sovereigns of gold. She then lodged a complaint before the All Women Police Station who advised her and the respondent, but however again she was prevented from entering into the matrimonial house. It was contended that the respondent had