CMA/2820/2023 of A.Padmavathy Vs A.Anandaraj on 16 September 2026

JUDGMENT

(Judgment of the Court was delivered by P.T.Asha J.) The above civil miscellaneous appeal is filed by the petitioner-wife challenging the order passed by the Family Court, Coimbatore in H.M.O.P. No.622/2007, in and by which, her petition seeking divorce on the ground of cruelty, has been dismissed. Parties would be referred to in the same ranking as before the Family Court.

2. The short facts giving rise to the appeal are given below : A) Petitioner's case in brief:

(a) The petitioner and the respondent had married on 16.06.1999 as per Hindu rites and customs. Their marriage is an arranged one. Out of the wedlock, one son named Udhayakumar and one daughter named Deepika was born to them.

(b) It is her case that the respondent was very abusive and was an alcoholic. In his drunken mood, he would abuse her with filthy language. That apart, he used to beat her with a cane or nylon rope. He was in need of money constantly for his personal needs and had tortured the petitioner to arrange the same from her parents. He also suspected the fidelity of the petitioner.

(c) The petitioner would plead that the respondent and his parents had

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demanded the petitioner to get money from her parents for purchase of property. The petitioner's parents considering the welfare of her daughter, had made an initial payment of Rs.1,45,000/- to the seller of the property, but the respondent, without stopping with that, had insisted the petitioner to get the balance sum of Rs.2,19,000/- from her parents, which when refused by the petitioner, she was thrown out of her matrimonial home in April 2006.

(d) The petitioner, unable to withstand the abuse at the hands of the respondent, both physically as well as mentally, had lodged a complaint before the Kinathukadavu Police Station on 09.07.2006.

(e) While so, the respondent has filed a petition for restitution of conjugal rights in H.M.O.P.No.44/2007, solely with the intent to cover up his misdeeds. Therefore, the petitioner has filed a petition in H.M.O.P.No.622/2007 before the Family Court, Coimbatore, seeking divorce. B) Respondent's case in brief:

(a) The respondent-husband has filed a counter affidavit denying the allegations levelled against him by the petitioner.

(b) It is the contention of the respondent that the petitioner was having illicit relationship with his step sister's husband Pandian, and when

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her sister Anandhi came to learn about the same, she had committed suicide. Thereafter, the petitioner had eloped with the said Pandian leaving her two children in distress.

(c) The respondent was keen to have his family re-united only for the sake of the welfare of his children and therefore, he had filed a petition for restitution of conjugal rights in H.M.O.P.No.44 of 2007 before the Family Court, Coimbatore. However, the petitioner had refused for reunion and proceeded to file a complaint before the Deputy Superintendent of Police, Perur. Therefore, the petitioner had stoutly denied the allegations of cruelty as alleged in the petition in HMOP.No.622/2007 and sought for dismissal of the same.

3. Before the Family Court, the petitioner had examined herself as P.W.1 and marked Ext.P1 to Ext.P4. On the side of the respondent, he had examined himself as R.W.1 and three other independent witnesses as R.W.2 to R.W.4 and had marked Ext.R1 to Ext.R6.

4. The learned Family Court Judge on perusing the evidence on record, held that the petitioner had not proved her case of cruelty, on the contrary, the respondent had established that the petitioner without any valid reason had deserted the respondent and her two children and had committed a matrimonial wrong.

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5. Challenging the order of the Family Court, Coimbatore, in HMOP.No.622/2007, the petitioner is before this Court.

6. We have heard the counsel on either side and also perused the materials placed on record.

7. The case of the petitioner is that she has been treated cruelly by the respondent. A perusal of the chief examination of the petitioner and also the averments in the petition would clearly show that there are no specific allegations of cruelty and that the petitioner has not been able to give the material details as to the date, month and year on which the acts of cruelty had taken place. Her contention is that the respondent had beaten her with a cane and nylon rope, however, no details has been provided by her as to when that incident had taken place. It is therefore clear that these averments have been made only for the purpose of the petition. That apart, even from her own evidence, it is clear that she had left her matrimonial home leaving behind her children, who were 5 years and 3 years respectively at that point in time, and she never came to see them thereafter. If the respondent was a person who was abusive, the petitioner would not have left her children in the custody of such a person. Further, the petitioner has not cross-examined the respondent with

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regard to his acts of cruelty. This clearly indicates that the allegations are vague and false, and are fabricated solely for the purpose of the petition. Therefore, the petitioner seeking divorce on the ground of cruelty at the hands of the respondent, is not sustainable. On the contrary, it is the petitioner who had treated her husband and children with cruelty, when she had walked out of her matrimonial home, deserting her minor children who were just 5 years and 3 years old.

8. The learned Family Judge observed the same and dismissed the HMOP filed by the petitioner. We see no reason to disagree with those findings of the learned Family Judge. Therefore, the order of the Family Court, Coimbatore in H.M.O.P.No.622/2007 dated 28.05.2013, does not call for any interference and accordingly, the civil miscellaneous appeal stands dismissed. No costs. (P.T.A.,J.) (N.M.,J.) 16-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No DS

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To:

1. The Family Court Coimbatore.

2. The Section Officer VR Section High Court, Madras.

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P.T.ASHA J. AND N.MALA J. DS CMA No. 2820 of 2023 16-09-2026

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