CMA/3475/2026 of Somasundaram Vs Kamala on 13 October 2026

JUDGMENT

(Judgment of the Court was delivered by M.Dhandapani J.) The Civil Miscellaneous Appeal has been filed against the judgment and decree dated 24.02.2026 passed by the Family Court, Salem in H.M.O.P.No.81 of 2023, whereby the petition filed by the appellant seeking divorce by

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C.M.A.No.3475 of 2026

dissolution of marriage solemnised between the appellant and the respondent, came to be dismissed by the court below.

2. Since no adverse order is passed against the respondent in this appeal, notice to the respondent in this appeal is dispensed with by this Court.

3. The marriage of the appellant/husband and the respondent/wife was solemnised on 12.03.2014 at Kottai Pillaiyar Kovil, Sivadhapuram, Salem District as per Hindu Rites and Customs. After the marriage, they started their marital life at the appellant’s house and they happily lived for three years. Out of their wedlock, two male children were born to them, namely Nikil Aadithya and Saranith Abinav. Due to matrimonial dispute between them, the respondent along with her sons was living separately. Thereafter, the appellant filed a petition for Restitution of Conjugal Rights in H.M.O.P.No.126 of 2020 and the same was withdrawn by the appellant. Subsequently, the appellant had filed a petition seeking divorce on the grounds of cruelty and desertion under Sections 13(1)(i-a) & (i-b) of the Hindu Marriage Act in H.M.O.P.No.81 of 2023 and the same was dismissed, vide order, dated 24.02.2026. Challenging the same, the appellant has filed the present appeal.

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4. The learned counsel appearing for the appellant submitted that the respondent had deserted the appellant after the birth of their second child. Consequent to the desertion, the appellant had filed a petition for restitution of conjugal rights. However, as the respondent obstinately refused to resume cohabitation, the appellant withdrew the said petition and subsequently, preferred the present petition for divorce. Further, he submitted that as per the advice of her parents, the respondent pressured the appellant to purchase a property exclusively in her name. Upon the appellant’s refusal to accede to the same, the respondent left the matrimonial home without any reasonable cause. Accordingly, he prays for allowing this appeal.

5. Heard the learned counsel appearing for the appellant and perused the materials available on record.

6. There is no dispute regarding the marriage between the appellant and the respondent. Admittedly, due to matrimonial dispute, the appellant and the respondent are living separately. It is an equally undisputed fact that the appellant had filed a petition seeking restitution of conjugal rights in

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H.M.O.P.No.126 of 2020, in which the respondent had filed a counter statement stating that she is ready and willing to reunion with the appellant, from which, it is clear that the respondent is willing to live with the appellant. However, for the reasons best known to the appellant, he had withdrawn the said petition. Subsequently, he filed a divorce petition in H.M.O.P.No.81 of 2023 on the ground of cruelty and desertion. It is the contention of the appellant that the respondent had pressured him to purchase a property in her name at the instigation of her parents. During the cross-examination of the appellant, he deposed that after marriage, he purchased three properties in his name vide sale deeds, dated 15.11.2017, 04.06.2015 and 05.12.2014, which are marked as Ex.R.2 to Ex.R.4. All those documents can very well establish that the allegation made against the respondent as if she pressured the appellant to purchase a property in her name at the instigation of her parents, is not true. Therefore, by considering the oral and documentary evidence of the parties, the trial court had arrived at a conclusion that the appellant had not proved the grounds of cruelty and desertion for granting the relief of divorce and accordingly, dismissed the petition, which cannot be said to be illegal, perverse or arbitrary. Hence, this Court is not inclined to interfere with the same and this Civil Miscellaneous Appeal is liable to be dismissed.

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7. Accordingly, the Civil Miscellaneous Appeal is dismissed. No costs. (M.D.I.,J.) (A.D.M.C.,J.) 13-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No sp To The Family Court, Salem.

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M.DHANDAPANI, J. AND DR.A.D.MARIA CLETE, J. sp C.M.A.No.3475 of 2026 13-10-2026

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