THE HONOURABLE MR.JUSTICE C.T.SELVAM AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN
Civil Miscellaneous Appeal No.3156 of 2010 and
M.P.No.1 of 2010
S.Kokila W/o.V.Selvarajan .. Appellant Vs V.Selvarajan S/o.Velu .. Respondent Civil Miscellaneous Appeal filed u/s.19 of the Family Court Act, 1955, against the judgment of II Additional Family Court, Chennai, passed in O.P.No.246 of 2006 on 16.04.2010.
For Appellant : Mr.Rajaraman For Respondent : Mr.R.John Sathyan *****
J U D G M E N T
[Judgment of the Court was made by C.T.SELVAM, J.] This appeal arises against the judgment of II Additional Family Court, Chennai, passed in O.P.No.246 of 2006 on 16.04.2010.
2. Respondent and appellant are husband and wife. The marriage between them was solemnized on 14.12.1987. Out of the wedlock, a girl child was born to them. Differences arose between them. Respondent/husband moved O.P.No.246 of 2006 seeking dissolution of marriage. Respondent/husband examined himself and marked 5 exhibits. None were examined on behalf of appellant/wife nor were any exhibits marked. Such petition was allowed under orders dated 16.04.2010. There against, the present appeal has been filed.
3. Heard learned counsel for appellant and learned counsel for respondent.
4. In allowing the petition, Court below found that respondent/husband, in his proof affidavit, has stated that appellant/wife used to shout at him, tore her dresses in the presence of his parents and that whenever he came late from office, she tried to assault him using an iron rod. In support of such allegation, respondent/husband has marked Ex.P2 – medical report of his wife issued by Government Hospital, Kilpauk, which disclosed that she was under treatment from 01.04.1991 to 06.06.1991 and that she suffers from paranoid schizophrenia and was advised regular treatment. Ex.P3, medical report issued by Government Hospital, Cheyyar, revealed that respondent/husband has suffered injuries at the hands of appellant/wife. Ex.P3 specifically stated that an injury in the abdomen was caused by human bite. Ex.P4 is ex parte order of divorce passed by Family Court, Salem and Ex.P5 is the order of dismissal of condone delay petition moved by appellant/wife. When M.C.No.96/98 was pending before Court, after conduct of counselling, respondent/husband took appellant/wife to Thiruvannamalai to live with her but the behaviour of appellant/wife has not changed. Respondent/husband has suffered heart attack owing to the torture of appellant/wife. Though several allegations have been levelled against appellant/wife, she has not denied any of them except stating that there was no iron rod in the home. She only insisted that she and her child be permitted to live with her husband at Thiruvannamalai since the owner of the house at Tambaram where she resides required her to vacate the house. On the above reasoning, Court below found that it would not be possible to respondent/husband to live with appellant/wife and accordingly, granted a decree of divorce. This Court finds no reason to interfere with the judgment under challenge.
The Civil Miscellaneous Appeal shall stand dismissed. Connected miscellaneous petition is closed. No costs.
Index:yes/no Internet:yes mrr/gm To The II Additional Family Court, Chennai.
[C.T.S., J] [M.V.M., J] 24.11.2017
C.T.SELVAM, J
and M.V.MURALIDARAN, J
mrr/gm
Civil Miscellaneous Appeal No.3156 of 2010
24.11.2017