CMA/3174/2026 of Jenifer Subilakumari Vs G.Antony Alex on 21 September 2026

JUDGMENT

(Judgment of the Court was delivered by E.Manoharan J.) Aggrieved by the order passed by the learned Principal Judge, Family Court in O.P.No.1659 of 2023 dated 26.03.2025, the Appellant has come forward with the present Civil Miscellaneous Appeal.

2. Heard the learned counsel appearing for the Appellant.

3. The brief facts that led to the filing of the present Civil Miscellaneous Appeal is as follows:

3.1. The Appellant herein is the wife, who is the respondent in the O.P.1659 of 2023 and the respondent herein/husband has filed the aforesaid divorce petition before the Family Court, Chennai.

3.2. From the perusal of the case, it is seen that the respondent herein who had filed the petition in O.P.No.1679 of 2023 has stated that the marriage between the Appellant and the respondent was solemnized on 06.02.2012 at St.

Sebesthiar Church, Pallavillai, Kanyakumari District according to Christian rites in front of the elders from both the families. The respondent/husband in his petition has stated that the Appellant/wife came to the matrimonial home with 11 sovereigns of gold jewels along with 2 sovereigns of gold chain gifted to him by her parents and the respondent in turn had provided 3.5 sovereigns of gold thali and half sovereign gold ring along with a ¼ ring gifted by his mother. The respondent herein submits that they had started their matrimonial life in Chennai and out of their wedlock, they were blessed with a girl baby on 21.01.2013. Further, the Respondent submitted that the Appellant, who was working as a staff nurse slowly has stopped doing household works and refused to take care of his aged mother. There were constant quarrels between them. The respondent herein has alleged in his petition that he was even attacked by the Appellant’s family members and also faced much difficulty in the relationship. It is also stated that subsequently, the Appellant herein had also left to Qatar to work and the respondent herein had to pledge the jewels in order to arrange for her travel and in view of the same, he had to take care of the child individually and had faced much hardship. It is stated in the petition that there were frequent quarrels despite best efforts were made, the appellant was not interested to lead the matrimonial life. The respondent has no other option except to approach the Family Court seeking for dissolution of their marriage on the ground of cruelty.

3.3. In turn, the Appellant herein in the counter affidavit filed by her before the Family Court has denied the allegations levelled against her by the respondent and has stated that she was put to much sufferings by the respondent and that the respondent herein had shown no love and affection towards her and their child and he is a man of sadistic nature and brutal in his behaviour. The Appellant has also stated that she has lodged a complaint against the respondent and the same was closed citing the pendency of the case in the Family Court. Stating above, the Appellant in the counter affidavit has also in the final paragraph prayed that the Family Court can dissolve the marriage solemnized between them.

3.4. The Family Court had framed the question as to whether the petitioner/respondent herein is entitled for the relief of divorce on the ground of cruelty and desertion and recorded that the Appellant has also stated in her counter affidavit that she wanted a legal separation and also claimed for return of the articles and the amount paid by her family. In fact, the specific paragraph of the counter affidavit filed by the Appellant before the Family Court is extracted hereunder: “7.The petitioner should return all the jewels of 40 sovereigns and a sum of Rs.9,60,000/- in NRI account

No.158101000010255 and all the household articles given at the time of marriage. It is better to get legal separation than to live with the man who is a psycho nature and brutal behaviour subjected to hand over the belonging to the respondent.

8. It is therefore prayed that the Hon’ble Court may be pleased to direct the petitioner to return the Sreethana Articles and the 30 sovereigns given at the time of marriage and 10 sovereigns Gold Chain bought from Qatar in 2021 and the amount of Rs.9,60,000/- sent to the petitioner in NRI account No.158101000010255 and to dissolve the marriage solemnized on 12.02.2012 as per Christian rites and customs at St.Sebastian Church at Pallavilai, at Nagarcoil, Kannyakumari District and thus render justice.”

3.5. Based on the above submissions by the parties, the learned Principal Judge, Family Court, Chennai by order dated 26.03.2025 has dissolved the marriage and granted the decree of divorce.

4. As against the said order dated 26.03.2025, now the Appellant/wife, who is the respondent therein, has filed this Civil Miscellaneous Appeal.

5. It is quite interesting as to how this Appellant has filed this Appeal when the Appellant herself has filed the counter affidavit wherein she has prayed for dissolution of the marriage which was also granted by the learned

Principal Judge, Family Court, Chennai on 26.03.2026.

6. From the perusal of the pleadings and the grounds submitted in support of the Appeal, it can be seen that the main plea of the Appellant is that she has sought for return of the Sreethanam Articles and gold jewelleries and money sent by her to the respondent as stated supra. But however, the said grievances of the Appellant were not answered by the Family Court. The Appellant having aggrieved over the same, cannot now do a turn around after accepting to the dissolution of the marriage. Taking into consideration of her own submissions before the Court, we do not find any merits in the Civil Miscellaneous Appeal and therefore, the same is dismissed. There shall be no order as to costs. (P.T.A.,J.) (E.M.,J.) 21-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No DP To The Principal Family Court, Chennai.

P.T.ASHA, J. AND E.MANOHARAN, J. DP CMA No. 3174 of 2026 21-09-2026