IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 17.02.2026 CORAM THE HONOURABLE MR . JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR. JUSTICE R. SAKTHIVEL C.M.A.No.2445 of 2023 & C.M.P.No.21303 of 2023 M.Balasubramanian ... Appellant Versus V.A.Dhivya ... Respondent Civil Miscellaneous Appeal filed under Section 19 of the Family Courts Act, 1984 read with Section 28 of Hindu Marriage Act, 1955 to set aside the order and decretal order passed in H.M.O.P.No.417 of 2021 dated

26.06.2023 on the file of Family Court Judge, Salem.

For Appellant : Mrs.V.Sasi Rekha For Respondent : Mr.C. Munusamy

JUDGMENT

(Judgment of the Court was made by N.SATHISH KUMAR, J.)

Challenging the judgment of the trial Court dismissing the petition filed for divorce on the ground of cruelty, the present appeal has been filed by the husband.

2. The marriage between the appellant and respondent was solemnized on 23.05.2010. The matrimonial dispute started from the 2012. Hence, the husband filed a petition for divorce making the allegation of cruelty. The family Court dismissed the petition mainly on the ground of res judicata. Though several allegations have been made by the appellant, now it is submitted by both side