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2026 Supreme(Online)(Mad) 42981

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mrs.Justice R. KALAIMATHI
T.S.PALANI – Appellant
Versus
D.THENMOZHI – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 25.03.2026 CORAM:

THE HONOURABLE Mrs. JUSTICE R.KALAIMATHI T.S.Palani … Appellant / Respondent vs.

D.Thenmozhi ... Respondent / Petitioner Prayer: This Civil Miscellaneous Second Appeal is filed under Section 100 of CPC against the Judgment and Decree dated 20.12.2024 passed in H.M.C.M.A.No.16 of 2024 on the file of Principal District Court, Vellore District, reversing the Judgment and Decree dated 25.03.2024 passed in H.M.O.P.No.19 of 2021 before Sub-Court, Gudiyatham.

For Appellant : Mr.J.Antony Jesus For Respondent : Mr.J.Kannan

JUDGMENT

This Civil Miscellaneous Second Appeal has been preferred by the husband against the Judgment and Decree dated 20.12.2024 passed in H.M.C.M.A.No.16 of 2024 on the file of the Principal District Court, Vellore reversing the Judgment and Decree of the Sub-Court, Gudiyatham dated

25.03.2024 passed in H.M.O.P.No.19 of 2021.

2. Parties are indicated herein as per their litigative status and ranking before the trial Court.

3. According to the petitioner/wife, the marriage between the petitioner and the respondent was arranged by the elder members of both side families and the marriage between them took place on 15.02.2019 at D.G.Mahal Tirumana Mandapam at Katpadi as per Hindu rites and customs. They have no issues out of the said wedlock. Petitioner/wife is a B.E.,Graduate and she has been working in Infosys, Chennai. Before their marriage, the respondent and his family members assured that respondent had been working in VIT University at Vellore and he completed M.Phil., Degree and earning a sum of Rs.50,000/- p.m. Before the marriage respondent’s family gave horoscope of respondent to the petitioner’s family. As per the said horoscope, age of the respondent/husband is given as 31 years. Believing the said details, petitioner/wife’s parents arranged for her marriage with the respondent and their marriage took place.

3.1. After the marriage, petitioner and respondent were living at the house of the respondent. The respondent has got one elder brother and one younger brother, who is unmarried person. The petitioner continued her matrimonial life with the respondent as joint family. Thereafter, the respondent and his family members joined together and started to harass the petitioner, by asking her to do the house hold work after returning from job. The respondent was silently watching all these things. The respondent told her that he resigned his job. The petitioner was tolerating all the troubles given by the respondent and his family members for the sake of her future life. The respondent and his family members did not allow the petitioner to speak with her family members.

3.2. Respondent was often demanding money from the petitioner and she gave all her savings to the respondent/husband. Respondent threatened her to give money and also threatened her that he would commit suicide if she does not agree for the same.

3.3. The respondent falsely represented that he has got debt and creditors are threatening the respondent to repay the amount borrowed by him. The petitioner had got opportunity to go abroad and with the permission of the respondent, she went abroad on 22.05.2019 and returned on 26.10.2019. The petitioner/wife credited her salary into the account of the respondent/husband. From the date of marriage, the respondent got an amount of Rs.6,00,000/- from the petitioner. She has got statement of account for the same.

3.4. Petitioner’s mother was trying to get a job from Tamil Nadu Electricity Board for the respondent and she had asked all the Educational Certificates of the respondent/husband. But, the respondent refused to give the same. As per the educational certificates of the respondent/husband, she came to know that he was aged about 35 years at the time of marriage and they wrongly told that he was aged about only 31 years. The respondent/husband cheated the petitioner/wife by giving false horoscope. Due to the above said reason, petitioner wa

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