[Judgment of the Court was made by C.T.SELVAM, J.] This appeal arises against the order of III Additional Family Court, Chennai, passed in O.P.No.2653 of 2009 on 23.07.2012.
2. Appellant and first respondent are husband and wife. Their marriage was solemnized on 10.05.2000. Out of the wedlock, a girl was born to them on 11.12.2002. Differences arose between them. Respondent moved O.P.No.2653 of 2009 on the file of III Additional Family Court, Chennai, seeking dissolution of marriage on the ground of cruelty and adultery.
3. Before Court below, first respondent/husband examined himself and marked 11 exhibits. None were examined on the side of appellant/wife and no exhibits were marked. On appreciation of evidence and materials before it, Court below, under judgment dated 23.07.2012, allowed the petition granting a decree of divorce. There against, the present appeal has been filed by appellant/wife.
4. Heard learned counsel for appellant and learned counsel for first respondent.
5. In allowing the petition seeking divorce, Court below has reasoned that it was the case of first respondent/husband that earlier, a petition seeking divorce on mutual consent has been moved and upon intervention of elders, he and appellant/wife have joined. Appellant/wife had illegal relationship with the second respondent. When the same was questioned, appellant/wife threatened first respondent/husband with dire consequences. First respondent/husband preferred a complaint against appellant/wife but no action has been taken thereupon. Appellant/wife preferred a complaint under the Domestic Violence Act and sent a legal notice dated 16.06.2009 to first respondent/husband to tender apology, to which first respondent/husband sent a reply dated 25.06.2009. In support of his case, first respondent/husband marked several documents. Though appellant/wife has denied the case of first respondent/husband by filing a counter, she has not entered the box. In cross of respondent, no evidence was elicited in her favour. Further, no proof was produced by appellant/wife to disprove the case of first respondent/husband, who sought divorce on the ground of cruelty and adultery. Given such position, it was clear that first respondent/husband has proved his case through oral and documentary evidence and hence, he was entitled to relief sought by him. This Court finds no reason to interfere with the judgment under challenge.
This Civil Miscellaneous Appeal shall stand dismissed. No costs. Connected miscellaneous petition is closed.