Madras High Court

CMA/3066/2018 of C.SINGARAM Vs RENUKA on 8 October 2026

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CMA No. 3066 of 2018

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. 3066 of 2018

CNR: {HCMA014005102018}

C.Singaram

S/o Chokkan,No.5, Veeraramamunivar Street, Andal Nagar, Eekkattuthangal, Chennai-600032

..Appellant(s)

Vs

Renuka

D/o Selvaraj, Old No.5, New No.2912,

Mookkareddy Patti, Pappireddy Patti(Circle), Dharmapuri Dist.

..Respondent(s)

Prayer:

Civil Miscellaneous Appeal filed under Section 19 of the Family Court Act, praying to set aside the judgment and decree dated 20.09.2018 made in F.C.O.P.No.316 of 2015 on the file of the Family Court, Salem by allowing this civil miscellaneous appeal.

For Appellant(s):

Mr.R.Prabakar

For Respondent(s):

Ms.Dhaaranee.K.

for M/s.V.Srimathi

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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

CMA No. 3066 of 2018

20.09.2018 passed by the Family Court, Salem, in F.C.O.P.No.316 of 2015.

2. The learned counsel appearing for the appellant submitted that the marriage between the appellant and the respondent was solemnized on 02.02.2009 at Thirumagal Thirumana Mandapam, Samiyarpuram Koot Road, Dharmapuri District as per the Hindu Rites and Customs. After the marriage, they started their matrimonial life in Chennai and lived in a rental house. According to the appellant, from the first day onwards, the respondent used to quarrel with the appellant and the respondent used to torture the appellant and also scolded the appellant in a filthy language and at every instance, the respondent used to threaten the appellant alleging that she would commit suicide by hanging herself. The learned counsel further submitted that there was no happy matrimonial life between the appellant and the respondent and out of the wedlock, they were blessed with a female child during November, 2009 and even thereafter the respondent refused to live with the appellant and continued to stay in her parental house.

3. The learned counsel appearing for the appellant further submitted that there was no cordial matrimonial life between the appellant and the respondent and from day 1, there was misunderstanding between them and there was no compatibility, however, they were blessed with a female child and even thereafter the respondent tortured the appellant, thereby the appellant filed

CMA No. 3066 of 2018

petition seeking divorce in O.P.No.2326 of 2011 before the Family Court, Chennai and at the instance of the respondent, the said petition was transferred to the Principal District Court, Dharmapuri and was re-numbered as F.C.O.P.No.1 of 2012 and thereafter the case was transferred to the Family Court, Salem and was re-numbered as F.C.O.P.No.316 of 2015 and the Family Court, Salem dismissed the petition. The learned counsel further submitted that from the year 2011 onwards, the appellant and the respondent are living separately and there is no possibility for re-union.

4. The learned counsel appearing for the respondent submitted that the marriage between the appellant and the respondent is not an arranged marriage and it is a love marriage and the respondent wife convinced her parents and performed marriage with the appellant and out of the wedlock, they were blessed with one female child. Even after the birth of the child, they lived in Chennai in the house set up by the appellant, however, after the birth of the child, the appellant showed indifferent attitude and filed petition seeking divorce. The learned counsel further submitted that the respondent expressed her willingness to live along with the appellant and further submitted that there is no ground for cruelty and the entire petition did not reveal cruelty meted out by the appellant. In the absence of any evidence, seeking divorce on the ground of cruelty is not sustainable one, thereby the Family Court, Salem, dismissed the petition seeking divorce.

CMA No. 3066 of 2018

5. Heard the learned counsel appearing on either side and perused the materials available on record.

6. Before the Family Court, the appellant examined himself as P.W.1 and one another witness as P.W.2 and marked exhibits Ex.P1 to Ex.P9. On the side of the respondent, the respondent examined herself as R.W.1 and one another witness as R.W.2 and marked exhibits Ex.R1 to Ex.R8.

7. Perusal of records reveal that the marriage between the appellant and the respondent was solemnized on 02.02.2009 at Thirumagal Thirumana Mandapam, Samiyarpuram Koot Road, Dharmapuri District as per the Hindu Rites and Customs. After the marriage, they started their matrimonial life in Chennai and out of the wedlock, they were blessed with one female child. Even after the birth of the child, they lived in Chennai in the house set up by the appellant, however, after the birth of the child, the appellant showed indifferent attitude and thereafter, they got separated and the appellant filed petition seeking divorce. Though the respondent expressed her willingness to live along with the appellant, the appellant did not accept the same. Further, there is no ground for cruelty and the entire petition did not reveal any cruelty meted out by the appellant. In the absence of any evidence, seeking divorce on the ground of cruelty is not sustainable one.

CMA No. 3066 of 2018

8. The civil miscellaneous appeal is dismissed. The judgment and decree dated 20.09.2018 passed by the Family Court, Salem, in F.C.O.P.No.316 of 2015 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, Salem.

CMA No. 3066 of 2018

M.DHANDAPANI, J. AND P.DHANABAL, J. pri CMA No. 3066 of 2018 08-10-2026

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