C.M.S.A(MD).No.15 of 2011

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

RESERVED ON : 19.06.2023

PRONOUNCED ON : 12.07.2023

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

C.M.S.A(MD)No.15 of 2011

Chandra

... Appellant

vs.

Selvaraj

...Respondent

PRAYER:- Civil Miscellaneous Second Appeal filed under Section 28 of

Hindu Marriage Act read with Section 100 of C.P.C, to set aside the

order and decreetal order dated 09.11.2010 in CMA.No.2 of 2010 on the

file of the District Judge, Karur reversing the order and decreetal order

dated 23.12.2009 in HMOP.No.35 of 2007 on the file of the Additional

Subordinate Judge , Karur.

For Appellant

: Mr.E.R.Kumaresan

For Respondent

: Mr.A.N.Ramanathan

For Mr.M.Bindran

1/18

https://www.mhc.tn.gov.in/judis

C.M.S.A(MD).No.15 of 2011

JUDGMENT

The respondent herein had filed HMOP.No.35 of 2007 on the file

of the Additional Subordinate Court, Karur seeking divorce on the

ground of cruelty and desertion. The said petition was dismissed by the

Trial Court. Challenging the same, the respondent herein had filed

CMA(MD).No.2 of 2010 before the District Court, Karur. The First

Appellate Judge after re-appreciation of oral and documentary evidence,

has allowed the appeal and granted a decree for divorce. Challenging the

same, the present Civil Miscellaneous Second Appeal has been filed by

the appellant/wife.

2.The appellant herein had got married to the respondent on

14.09.1987. Out of the said wedlock, a son was born to them who is now

a major.

3.The summary of the allegations in the divorce petition are as

follows:

(i).The wife was leading an adulterous life with one Madasamy

who was the then Special Officer of the Karur Town Co-operative Bank.

Despite several requests, the wife refused to abandon her illicit activities.

2/18

https://www.mhc.tn.gov.in/judis

C.M.S.A(MD).No.15 of 2011

The husband had lodged a complaint before the Judicial Magistrate No.I,

Karur which was dismissed after enquiry.

(ii).The husband had purchased an immovable property under a

registered sale deed dated 21.08.1991 in the name of his wife out of love

and affection. He had further alleged that he had obtained loan from the

Co-operative Bank and constructed the building. However, the wife had

made a claim to the said property and filed O.S.No.46 of 2002 seeking

injunction not to disturb her possession. As a counter blast, the husband

had filed O.S.No.96 of 2002 seeking declaration of title and permanent

injunction. The suit filed by the husband in O.S.No.96 of 2002 was

dismissed. The husband had filed A.S.No.20 of 2005 before the

Subordinate Court, Karur. The learned Subordinate Judge had decreed

the suit partly to the effect that the land belongs to the husband and the

building belongs to the wife. Challenging the same, the wife had filed

S.A(MD).No.1068 of 2007 and the same is pending before the High

Court.

(iii).The wife had initiated O.S.No.708 of 2005 before the District

Munsif Court, Karur seeking guardianship of the minor son.

3/18

https://www.mhc.tn.gov.in/judis

C.M.S.A(MD).No.15 of 2011

(iv).The wife had lodged a false complaint as against the husband

as if he had claimed dowry and after contest the same was dismissed by

the Judicial Magistrate on 02.02.2005.

(v).The husband has contended that for the past 10 years, there is

no connection between him and the respondent. Therefore, the

respondent/wife is guilty of desertion for the past 10 years.

4.The summery of contentions of the wife:

(i).The immovable property was purchased out of earning of the

wife and the construction was put up only with a loan obtained from the

Bank by the wife. Therefore, the husband has no title whatsoever over

the property.

(ii).The allegation of the adulterous life is completely false and

therefore, the complaint lodged by the husband was dismissed by the

Judicial Magistrate, Karur.

(iii).There is no panchayat or any