REVATHI Vs. ANBURAJAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the wife, who had lost her case before the Family Court in H.M.O.P. No.241 of 2016, which was initiated by the husband for divorce.

(2.) On 28/3/2007, the Appellant married the Respondent as per the Hindu rites and customs. The Respondent/Husband, after marriage, went to Singapore to pursue his avocation, leaving behind his wife. Thereafter, when he proposed her to join him in Singapore, the Appellant delayed the chance of joining by quoting her studies. On 16/12/2007, she joined her husband at Singapore, but was very inquisitive about the salary and other perks earned by the Respondent/Husband. She was very suspicious about his character and also avoided sexual cohabitation with him. However, due to the marital life, the Appellant got conceived and she was brought back to Madurai for delivery. In the month of May, 2008, they both came back to Madurai and lived for few days. Due to the ill advice of the parents of the Appellant, she has taken away her jewels, dress and got separated. Alleging that since June 2008, the Appellant is not living with the Respondent inspite of repeated demand, a Complaint was lodged by the Appellant before the Police alleging dowry harassment. Citing these incidents as a cause of cruelty, divorce Petition was filed by the Respondent/Husband before the Family Court, Madurai.

(3.) The Criminal Complaint lodged by the Appellant was taken up on file by the learned Judicial Magistrate, Madurai in C.C. No.155 of 2011 and was transferred to Additional Mahila Court, Madurai, re-numbered as C.C. No.165 of 2014 and the same was dismissed after full trial. A Maintenance Petition was filed by the Appellant/Wife in M.C. No.62 of 2011 before the Family Court, Madurai and the Respondent was directed to pay monthly maintenance of Rs.5000.00 to the Appellant and her child. Considering all these facts, the Family Court, Madurai has allowed the Divorce Petition by Order, dtd. 18/9/2017. Challenging the same, the Appellant/Wife had preferred the present Civil Miscellaneous Appeal.