Madras High Court
CMA/1871/2020 of K.GUNA SUNDAR Vs MRS.R.PRIYA DHARSHINI on 8 October 2026
CMA No. 1871 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-10-2026
CORAM
THE HON'BLE MR JUSTICE M.DHANDAPANI
AND
THE HON'BLE MR.JUSTICE P. DHANABAL
CMA No. 1871 of 2020
CNR: {HCMA010489532020}
K.Guna Sundar
S/o Krishnaraj, No.120, Adam Street, Royapuram, Chennai 600 013
..Appellant(s)
Vs
Mrs.R.Priya Dharshini
W/o K.Guna Sundar, D/o Raj, No.23/42,
Irusappachetty Street, Cuddalore 607 003
..Respondent(s)
Prayer:
Civil Miscellaneous Appeal filed under Section 19 of the Family Court Act, praying to set aside the order and decreetal order dated 08.01.2020 in H.M.O.P.No.226 of 2018 on the file of the Principal Subordinate Judge, Cuddalore and allow the petition filed by the petitioner.
For Appellant(s):
Mr.A.K.Raghavulu
For Respondent(s):
Mr.D.Baskar
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JUDGMENT
(Judgment of the Court was delivered by M.Dhandapani J.) This appeal has been filed against the judgment and decree dated 08.01.2020 passed by the Family Court, Cuddalore, in H.M.O.P.No.226 of 2018.
CMA No. 1871 of 2020
2. The learned counsel appearing for the appellant submitted that the marriage between the appellant and the respondent was solemnized on 27.05.2007 at Golden Palace Marriage Hall, Thondiarpet, Chennai as per the Hindu Rites and Customs and out of the wedlock, they were blessed with a female child on 12.06.2008. The appellant and the respondent led their matrimonial life till the year 2016. The learned counsel further submitted that the appellant is a Marine Engineer and he has to stay six months in the shore and six months off shore. After the marriage, the respondent obtained employment without the knowledge of the appellant and shifter her residence to Cuddalore and left the matrimonial home during November, 2016. Even after repeated requests, the respondent refused to re-join with the appellant, thereby, the appellant filed petition seeking divorce on the ground of desertion on 26.09.2018 before the Principal Sub Court, Cuddalore in H.M.O.P.No.177 of 2018 and thereafter, the case was transferred to the file of the Family Court, Cuddalore as per the order of the learned Principal District Judge, Cuddalore dated 11.10.2018 and was re-numbered as H.M.O.P.No.226 of 2018 and the Family Court, Cuddalore, dismissed the petition seeking divorce.
3. The learned counsel appearing for the appellant further submitted that it is true that the appellant filed petition seeking divorce under Section 13(1)(i-b) of the Hindu Marriage Act on the ground of desertion, however, such petition ought to have been filed after two years of separation. In the present case, the
CMA No. 1871 of 2020
petition seeking divorce was filed within two years of separation. Though it is not legally maintainable, now they are living separately for about ten years and after such a long time, it is impossible for re-union. The learned counsel further submitted that the appellant is ready to give 100 sovereigns of gold and is also inclined to incur the marriage expenses.
4. The learned counsel appearing for the respondent submitted that the appellant filed petition seeking divorce under Section 13(1)(i-b) of the Hindu Marriage Act on the ground of desertion, however, such petition ought to have been filed after two years of separation. In the present case, due to the cruelty committed by the appellant, the respondent left the matrimonial home during November, 2016, however, the appellant filed petition seeking divorce on the ground of desertion on 26.09.2018, within a period of two years, which is legally not maintainable one. The learned counsel further submitted that any relief granted to the appellant would be injustice to the respondent.
5. Heard the learned counsel appearing on either side and perused the materials available on record.
6. Perusal of records reveal that the marriage between the appellant and the respondent was solemnized on 27.05.2007 at Golden Palace Marriage Hall, Thondiarpet, Chennai as per the Hindu Rites and Customs and out of the
CMA No. 1871 of 2020
wedlock, they were blessed with a female child on 12.06.2008. The appellant and the respondent led their matrimonial life till November, 2016. Thereafter, the appellant filed petition seeking divorce on the ground of desertion on 26.09.2018.
7. Admittedly, the petition seeking divorce under Section 13(1)(i-b) of the Hindu Marriage Act on the ground of desertion ought to be filed after two years of separation. In the present case, the respondent left the matrimonial home during November, 2016, however, the appellant filed petition seeking divorce on the ground of desertion on 26.09.2018, which is within the period of two years, which is legally not maintainable one. Further, it is the contention of the learned counsel appearing for the appellant that after such a long time, it is impossible for re-union. Hence, this Court is of the opinion that the order passed by the Court below warrants no interference.
8. The civil miscellaneous appeal is dismissed. The judgment and decree dated 08.01.2020 passed by the Family Court, Cuddalore, in H.M.O.P.No.226 of 2018, is confirmed. No costs. (M.D.I.,J.) (P.D.B.,J.) 08-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No pri To The Family Court, Cuddalore.
CMA No. 1871 of 2020
M.DHANDAPANI, J. AND P.DHANABAL, J. pri CMA No. 1871 of 2020 08-10-2026