SAPNA Vs. B PRADEEP KUMAR

JUDGEMENT

(1.) The Appellant has projected this Civil Miscellaneous Appeal as against the Order dated 07.05.2009 in O.P.No.577 of 2007 passed by the Learned II Additional Family Court Judge [I/c of I Additional Principal Family Court Judge], Chennai, in dismissing the Original Petition holding that the Appellant/Petitioner (Wife) is not entitled for divorce as prayed for in the petition since she has not established that the Respondent/Husband has committed cruelty towards her.

(2.) The Learned II Additional Family Court Judge, Chennai, while passing the order in O.P.No.577 of 2007 dated 07.05.2009, has opined that the Appellant/Petitioner has not established the mental and physical cruelty, torture and harassment caused by the Respondent/ Husband and his family members, by examining the witnesses and also she has not proved by examining witness to whom she has handed over the dowry of Rs.50,000/-; in regard to the allegation of the Appellant that the Respondent/Husband's mother and sister have threatened the Appellant/Petitioner that they will kill her by throwing her from the terrace of their house, if she will fail to bring the further dowry has not been proved; in regard to the allegation that the Respondent/Husband has given standing instructions to the Appellant/ Petitioner to eat food always at the functions and celebrations of their relatives and the neighbours otherwise to eat annathanam provided in the temple has also not been established by her and the said allegation has not been mentioned in the Xerox copy of the police complaint Ex.P.4 and P.W.2 the father of the Appellant/Petitioner has not proved the cruelty committed to her daughter by the Respondent/Husband and also that there is no other evidence is available to accept that the Respondent/Husband demanded dowry from the Appellant and consequently, held that the Appellant/Petitioner has not established that the Respondent/Husband has committed cruelty towards her and dismissed the petition with costs.

(3.) The Point that arises for consideration in this Civil Miscellaneous Appeal is: