DR. G. MYTHILI Vs. DR. V. PAARI

JUDGEMENT

(1.) The judgment and decree dated 26.06.2019 passed in H.M.C.M.A.No.4 of 2018 confirming the judgment and decree dated 27.03.2018 passed in H.M.O.P.No.61 of 2013 is under challenge in the present Civil Miscellaneous Second Appeal.

(2.) The facts in nutshell are that the marriage between the petitioner and the respondent was solemnized on 03.09.2008. The respondent/husband made a complaint against the appellant's family members on 29.05.2010 to the Inspector of Police, Sholinghur and the Hon'ble Chief Minister as well as to the District and State Police Officials. On 02.06.2010, the respondent/husband filed a petition before the Sub-Court, Tiruvallur under Section 12 of the Hindu Marriage Act to declare the marriage as null and void. On 10.01.2012, the petition filed by the respondent/husband was transfered by the learned Principal District Judge, Tiruvallur to the SubCourt, Tiruttani on administrative grounds. On 30.01.2013, the petition filed by the respondent/husband was transfered to the Sub-Court, Ranipet by the order of this Court in Tr.CM.P.No.521 of 2012. An interlocutory application was filed by the appellant/wife on 14.03.2016 challenging the maintainability of the petition for divorce and the said petition was dismissed by the Sub-Court as the petition was filed after more than one year from the discovery of fraud allegedly committed by the appellant/wife. Again on 17.06.2013, further complaint was filed by the respondent against the appellant's family members to the Hon'ble Chief Minister.

(3.) On 01.03.2017, a revision petition was filed by the appellant/wife in C.R.P(PD).No.1647 of 2016 which was disposed of by this Court granting leave to the respondent/husband to convert section 12 of the Hindu Marriage Act into Section 13 of the Hindu Marriage Act by making amendments within two weeks from the receipt of the order. On 18.09.2017, the Hon'ble High Court extended the time for carrying out the amendments in C.M.P.No.10304 of 2017 filed by the respondent. The amendments were carried out on 20.10.2017 and the said amendments were allowed by the Sub-Court, adding five new paragraphs to the petition and by creating a new cause of action. On 27.03.2018, a decree of divorce was granted by the learned Sub-Court and the prayer for restitution of conjugal rights made by the appellant/wife was dismissed with a finding that the medical records given by the respondent were not proved by him. However, the pendency of S.C.No.184 of 2017 on the complaint of the appellant against the respondent constituted cruelty for dowry harassment. On 14.09.2018, the learned Mahila Court (Fast Track) Vellore, allowed the petition filed under Section 321 Cr.P.C after appellant filed affidavit consenting to withdrawal of prosecution as the appellant/wife wanted to rejoin with the respondent in life. On 11.06.2019, the learned Mahila Court (Fast Track) Vellore, confirmed the decree of divorce on the ground that the medical reasons were not proved by the respondent/husband but however there was irretrievably break down of the marriage citing the separation of spouses since the year 2010 and the erstwhile criminal proceedings.