A. ANU SOUNDARYA Vs. C. TAMILSELVAN

JUDGEMENT

(1.) The instant Appeals have been preferred by the appellant/wife against the common judgment and decree dtd. 10/4/2024 made in HMOP No.362/2020 and IDOP 1762/2022 on the file of the Additional Principal Family Court, Coimbatore, wherein the Family Court, Coimbatore, granted divorce in favour of the respondent/husband on the ground of cruelty.

(2.) The respondent/husband in this appeal, who married the appellant/ wife on 8/6/2016, filed HMOP No.362/2020 before the Family Court, Coimbatore, under Sec. 13(1)(i-a) of the Hindu marriage Act, 1955, to pass an order for dissolution of his marriage solemnised with appellant / wife on 8/6/2016 at Sri Venkateswara Thirumana Mandapam, Kondapanaickanpatti, Salem. The appellant/wife filed IDOP No.1762 of 2022 under Sec. 32 of the Indian Divorce Act, 1869, for restitution of conjugal rights. The Family Court, Coimbatore, by a common Order dtd. 10/4/2024, allowed HMOP No.362/2020 dissolving the marriage between the respondent/husband and the appellant/wife and dismissed IDOP No.1762 of 2022 filed by the appellant/wife for restitution of conjugal rights. Assailing the said common order passed by the Additional Principal Family Court, Coimbatore, the appellant/wife has preferred the present appeals before this Court.

(3.) There is no dispute that the marriage between the appellant and the respondent took place on 8/6/2016 at Sri Venkateswara Thirumana Mandapam, Kondapanaickanpatti, Salem. The respondent/husband sought for the relief of divorce in the Family Court against the appellant on the ground of cruelty under Sec. 13(1)(i-a) of Hindu Marriage Act, 1955. It is the contention of the appellant/wife, inter alia, that the provisions of the Hindu Marriage Act, 1955, are not applicable, since the respondent/husband belongs to Christian religion and the marriage was conducted as per Christian customs and rituals and therefore, they are not governed by Hindu Law. Her further contention is that, the materials on record amply prove that the marriage was solemnised as per Christian rites. She says that the marriage was performed by one Pastor Masiya Selvakumar, founder of Masiya Ministries and therefore, the provisions of Hindu Marriage Act, 1955, are not applicable to them and that the Family Court has no jurisdiction to grant a decree of divorce under the Hindu Marriage Act, 1955. She has relied upon the marriage invitation which contains plus symbol and the marriage photo to prove that the marriage was held in accordance with the Christian rituals.