M SENTHIL Vs. S BHOOMA

JUDGEMENT

(1.) The appellant herein has filed HMOP No. 19 of 2014 before the Family Court, Erode under Section 13 (1) (i) (i-a) of The Hindu Marriage Act seeking to dissolve the marriage solemnised between him and the respondent on 11.02.2008. The Family Court, by Judgment and decree dated 10.02.2015 dismissed the Original Petition against which the appellant has filed the present Civil Miscellaneous Appeal.

(2.) Originally, the appellant filed HMOP No. 2916 of 2010 on the file of Principal Family Court, Chennai for dissolution of the marriage. On notice, the respondent has filed Tr.C.M.P. No. 517 of 2010 before this Court to withdraw and transfer HMOP No. 2916 of 2010 from the file of Principal Family Court, Chennai to the file of Principal Sub Court, Erode. By order dated 16.11.2010, the Transfer Civil Miscellaneous Petition was allowed by this Court. Thereafter, HMOP No. 2916 of 2010 filed by the appellant stood transferred to the file of Principal Sub Court, Erode and re-numbered as HMOP No. 10 of 2011 on the file of Principal Sub Court, Erode. Thereafter, for want of jurisdiction, HMOP No. 10 of 2011 stood transferred and re-numbered as HMOP No. 19 of 2014 on the file of Family Court, Erode.

(3.) (I) The appellant has filed HMOP No. 19 of 2014 (HMOP No. 2916 of 2010) contending that the marriage between him and the respondent was solemnised on 11.02.2008 at Sakthi Duraisamy Mandapam, Erode as per Hindu rites and customs. The marriage was an arranged marriage having been solemnised at the instance of elders of both sides. It was stated that the marriage expenses were shared by the appellant as well as by the parents of the respondent and the appellant did not demand any dowry at the time of marriage. Even at the time of marriage, the appellant had clearly informed the respondent and her parents that he had to appear for one examination to clear the DNB Course and that is the reason why he was working as Tutor in Meenakshi Medical College. The appellant also clearly disclosed to the respondent about the salary of Rs.25,000/- earned by him out of his employment and on his completion of DNB examination, he has the prospects of earning a sum of Rs.10,000/- more per month.