G.FELSHIA VASANTHI Vs. R.SEKAR @ GUNASEKAR

JUDGEMENT

(1.) This civil miscellaneous appeal is filed by the wife being aggrieved by the decree of divorce granted by the Family Court, Madurai, dtd. 06/12/2010 in I.D.O.P.No.34 of 2003.

(2.) It is unfortunate that the civil miscellaneous appeal is pending before this Court, without any adjudication, for the past ten years. When the matter came up for final hearing before this Court on 24.11.2021, the learned counsel for the appellant sought time and there was no representation for the respondents and therefore, the matter was directed to be listed today. Even today, when the matter is taken up for hearing, the learned counsel for the appellant is not ready to get along with the case and sought further adjournment, for which this Court is not inclined for the simple reason that a case of matrimonial dispute challenging the order of dissolution of marriage passed by the Family Court cannot be kept pending for ten years without any adjudication and this Court feels that it has moral and legal responsibility to dispose of cases of this nature within a reasonable time and cannot keep on granting adjournments repeatedly for adjudicating the matter. Hence, the Court has gone through the papers and passes the following orders on merits.

(3.) The appellant is the wife and the first respondent is the husband. They are Christians. Their marriage was solemnized on 28/05/1990 at Patrick Church at Tuticorin as per Christian customs and practice. They both started the marital life at Door No.11, Sangeeta Vinayagar Kovil Street, Madurai, along with the parents of the first respondent (husband). About a year after, they shifted their residence to the State Bank Colony bearing Door No.56, Plot No. 25-26, Ponmeni Jainagar, Madurai. Through the wedlock, a male child was born to them on 02.02.2000. It is alleged by the first respondent that the appellant (wife) never used to do the household duties and was arrogant, disrespecting him and his family members and indulged in quarrel. When she was asked to cook food, she threatened him that she will mix poison in the food and give it to him. Further, there are other allegations made by the first respondent (husband) against the appellant (wife) in the divorce petition, like, she is a spendthrift, not interested in leading the family life, but only wanted to lead extravagant and lavish life and spending all his income, besides suspecting his fidelity also. Above all, allegation of adultery has also been made in the petition.