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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON : 15.09.2026 PRONOUNCED ON : 16.10.2026 CORAM THE HON'BLE MR JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MRS.JUSTICE M.D.SUMATHI CMA(MD) No. 22 & 23 of 2022 CNR:{HCMD010010542022}

AND CMP(MD) NO. 199 OF 2022 CMA(MD)No.22 of 2022:

M.Subramanian, S/o. N. Marimuthu, Shanmuganathapuram, Aalampatti Post, Thirupathur Taluk, Sivagangai District.

..Petitioner(s)

Vs V.Kalaiarasi, D/o Rajendran, A.Kaalaapur, Singampunari Taluk, Sivagangai.

..Respondent(s)

CMA(MD) No. 23 of 2022:

M.Subramanian, S/o. N. Marimuthu, Shanmuganathapuram, Aalampatti Post, Thirupathur Taluk, Sivagangai District.

..Petitioner(s)

Vs V.Kalaiarasi, D/o Rajendran, A.Kaalaapur, Singampunari Taluk, Sivagangai.

..Respondent(s)

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M.Subramanian, S/o. N. Marimuthu, Shanmuganathapuram, Aalampatti Post, Thirupathur Taluk, Sivagangai District.

..Petitioner(s)

Vs V.Kalaiarasi, D/o Rajendran, A.Kaalaapur, Singampunari Taluk, Sivagangai.

..Respondent(s)

PRAYER IN CMA(MD) No. 22 of 2022:

Civil Miscellaneous Appeal filed under Section 19 of the Family Court Act, to set aside the Fair and Decreetal Order dated 06/12/21 in H.M.O.P. No. 327 of 2019 on the file of Family Court, Sivagangai and pass such further or other orders as this Honourable Court may deem fit and proper in the circumstances of this case and render justice.

PRAYER IN CMA(MD) No. 23 of 2022:

Civil Miscellaneous Appeal filed under Section 19 of the Family Court Act, to set aside the Fair and Decreetal Order dated 06/12/21 in H.M.O.P. No. 290 of 2019 on the file of Family Court, Sivagangai and pass such further or other orders as this Honourable Court may deem fit and proper in the circumstances of this case and render justice.

In both cases:

For Petitioner(s): Mrs.T.Margaret Skeda for G.Prabhu Rajadurai For Respondent(s): Mr.R.Rajaramalingam Sethupathy for Mr.C.Rajagopal

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COMMON JUDGMENT

(Judgment of the Court was made by M.D.SUMATHI J.)

These Civil Miscellaneous Appeals have been filed challenging the common order and decree dated 06.12.2021 passed by the learned Judge, Family Court, Sivagangai, in H.M.O.P.Nos.290 of 2019 and 327 of 2019.

2. Since both the appeals arise out of the same matrimonial dispute between the same parties and the Family Court had considered both the petitions jointly and disposed of them by a common order, thereby they are taken up together and disposed of by this common judgment.

3. For the sake of convenience, the parties will be referred to as per their ranking before the Family Court.

4. The marriage between the appellant and the respondent was solemnised on 23.08.2018 at Kaalapur village according to Hindu rites and customs. At the time of marriage, gold jewellery and other articles were exchanged between the parties. The parties thereafter commenced their matrimonial life in the house of the appellant's parents.

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5. According to the appellant, the respondent did not conduct herself in a manner expected of a wife, refused to perform ordinary household responsibilities, and treated him with disrespect. He further alleged that the respondent was unwilling to establish a normal marital relationship with him and had refused to consummate the marriage. 6. The appellant also alleged that the respondent had suppressed material particulars concerning her age and the identity and relationship of the person described as her father. He further alleged that the respondent was maintaining an illicit relationship with a person named Viji, whom he described as her stepfather. According to him, these circumstances caused him mental agony and constituted matrimonial cruelty.

7. On the above allegations, the appellant instituted H.M.O.P.

No.290 of 2019, seeking dissolution of marriage under Sections 13(1)(i) and 13(1) (i-a) of the Hindu Marriage Act, 1955. The respondent denied the allegations made by the appellant and contended that the divorce petition was founded on false and baseless accusations.

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8. According to her, the marr