This document is an affidavit filed in support of a civil miscellaneous appeal in the Madras High Court. It summarizes the background of the case: - The petitioner (Muneeswaran) and respondent (Sasikala) were married in 2008 and have one daughter. - Marital disputes arose early on due to frequent quarrels. The respondent left the matrimonial home on multiple occasions without informing the petitioner. - Several cases were filed over the years regarding divorce, domestic violence and maintenance. Compromises were reached but not sustained. - The petitioner now seeks to appeal a recent family court order that dismissed his divorce petition and allowed the respondent's restitution of

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IN THE HIGH COURT OF JUDICATURE MADRAS AT MADURAI BENCH
(Civil Appellate Side)
C.M.A (MD) No. of 2023
-In-
H.M.O.P.No.351 of 2021
(On the file of the Hon’ble Family Court, Sivagangai)
Muneeswaran,(M,40/23)
S/o.Paramandi,
Thamaraki Post,
Kumarapatti Village,
Sivagangai District. … Appellant/Petitioner/Petitioner
-VS –
Mrs. Sasikala (F, 30/23),
D/o. Sekar,
Thamaraki South,
Kumarapatti Post,
Sivagangai District. .... Respondent/Respondent/Respondent
AFFIDAVIT OF THE PETITIONER
I, Mr. Muneeswaran, son of Mr.Paramandi, aged 40 years, residing at
Thamaraki Post, Kumarapatti Village, Sivagangai District and temporarily coming
down to Madurai and do hereby solemnly affirm and sincerely state as follows :-
1. I state that I am the Appellant/Petitioner/Petitioner in H.M.O.P.No.351 of 2021
on the file of the Learned Family Court, Sivagangai, I am well acquainted with
the facts and circumstances of the case thus, I am competent to swear this
affidavit for the relief sought within.
2. I state that I am residing in the above-mentioned address along with my family
members. That on 16.03.2008, I married the respondent as per the Hindu rituals
at Srikarrudaiy Ayyanar Temple, Kumarapatti Village, Sivagangai District. I am
working as an examiner reader at Hon’ble Madras High Court, Chennai. Due to
wedlock, we were blessed with a girl baby by name Manodharsini. From the

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beginning of matrimonial life, the respondent often quarrels with me and my
family members. On several occasions, the respondent went to the parental house
without informing me and due to continuous quarrels, the matrimonial life began
sad and depressed.
3. I state that I filed a divorce petition against the respondent in H.M.O.P.No.104
of 2013, before the Hon’ble Subordinate Court, Sivagangai District, and the same
was taken on the file in H.M.O.P.No.22 of 2014, meanwhile the respondent filed
the domestic violence case in D.V.O.P.No.6 of 2014 against me and my mother
before the Learned Judicial Magistrate No.II, Sivagangai, the said court ordered
me to give interim maintenance to the Respondent, subsequently I filed Revision
Petition before the Hon’ble District Sessions Court, Sivagangai in C.R.R.P.No.10
of 2014.
4. I state that our family elders, my parents, and the respondent’s parents
compromised me and the respondent, after compromise and the amicable
settlement I have withdrawn the Revision Petition in C.R.R.P.No.10 of 2014 and
H.M.O.P.No.22 of 2014 and D.V.O.P.No.6 of 2014 withdrawn by the
respondent. I state that from 01.07.2017, I live along with the respondent and my
children, but without any reason the Respondent came out from the matrimonial
house and went to her parental house, subsequently, the Respondent filed
Maintenance Petition before the Hon’ble Family Court, Sivagangai in
M.C.No.38 of 2019.
5. I state that the Respondent suppressed the fact that she was not yet working and
struggling to lead her life without income, but the respondent working as an
office bearer in Tamarakki Panchayat, Sivagangai District, and also earning
money from the tailoring job. I state that I like to live with my child and take care
of my child, but the respondent not permitting me to spend time with my child,

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the respondent prevents to see and speak with my child therefore I was mentally
depressed.
6. I state that the in-Maintenance Petition in M.C.No.38 of 2019 pending before the
Hon’ble Family Court, Sivagangai District ordered me to pay a monthly
maintenance amount sum of Rs 5,000/- to the respondent and Rs.5,000/- to my
child dated 05.11.2019. I state that I deposit a sum of Rs.59,354 as a Maintenance
amount, I have also complied with the said condition and I have deposited the
said amount before the Hon’ble Family Court, Sivagangai.
7. I state that on 30.12.2020, I met accident and sustained blood injuries in several
places in my body and stitches on my chest and still taking treatment as an
outpatient by the advice of the doctor. During that time, I am unable to pay the
maintenance amount to the respondent.
8. I state that I filed Crl.R.C(MD).No.253 of 2021 in Crl.M.P.(MD)No.1040 of
2021 before this Hon’ble Court to set aside the impugned order in M.C.No.39 of
2019 on the file of the Hon’ble Family Court, Sivagangai, the same was pending
before this Hon’ble Court. I state that the respondent filed Crl.R.C(MD).No.170
of 2022, the same is pending before this Hon’ble Court.
9. I state that the M.C.O.P.No.351 of 2021 was filed by me for seeking a divorce
from the respondent, the respondent filed restitution of conjugal rights in
H.M.O.P.No.218 of 2021, the same was taken by the Hon’ble Family court,
Sivagangai after considering the fact and circumstance the Hon’ble Family
Court, Sivagangai dismissed my Petition and allowed the Respondent Petition.
10.I state that the Respondent attempting to pick money from me, I state that I am
the only breadwinner of my family, my aged widow mother depending upon me

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and my salary. I state that my mother was affected by several ailments, and I am
spending money for my mother’s medical expenses.
11.I state that the Petitioner and the Respondent living separately for the past 14
years, but the Hon’ble trial court failed to consider the said fact, but dismissed
the H.M.O.P.No.351 of 2021 on the file of the Hon’ble Family Court,
Sivagangai.
Therefore, for the reasons mentioned above I most respectfully pray
that this Hon’ble Court may be pleased to condone the delay of days in
preferring this Civil Miscellaneous Appeal as against the Judgment passed in
H.M.O.P.No.351 of 2021 on the file of the Hon’ble Family Court, Sivagangai in
accordance with law within the time stipulated by this Honorable Court and pass
such further or other order as this Hon’ble Court may deem fit and proper in the
circumstances of the case and thus render justice.
Solemnly affirmed at Madurai, PETITIONER
on this day of February 2023
and read and explained to the BEFORE ME
deponent in Tamil and signed his
name in my presence. ADVOCATE

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MEMORANDUM OF GROUNDS FOR CIVIL MISCELLANEOUS APPEAL
FILED UNDER SECTION 19 OF THE FAMILY COURT ACT, 1984
IN THE HIGH COURT OF JUDICATURE MADRAS AT MADURAI BENCH
(Civil Appellate Side)
C.M.A (MD) No. of 2023
-In-
H.M.O.P.No.351 of 2021
(On the file of the Hon’ble Family Court, Sivagangai)
Muneeswaran,(M,40/23)
S/o.Paramandi,
Thamaraki Post,
Kumarapatti Village,
Sivagangai District. … Appellant/Petitioner/Petitioner
-VS -
Mrs. Sasikala (F, 30/23),
D/o. Sekar,
Thamaraki Post,
Kumarapatti Village,
Sivagangai District. .... Respondent/Respondent/Respondent
GROUNDS FOR CIVIL MISCELLANEOUS APPEAL
The address for service on the Appellants are as stated above and on their
counsels R.Alagumani, S.Rameshkumar, B.Dhanasekaran, R.Manibharathi,
P.Prabhakar Pandian, S.Mohammed Yunnis Raja and Saha A V Advocates Chamber
No. 82, Madurai Bench of Madras High Court, Madurai-23.
The address for the service of summons and notice on the Respondents is as
stated above communicated address.
The Appellants above named beg to prefer this Memorandum of Civil
Miscellaneous Appeal against the order passed in H.M.O.P.No.351 of 2021 on the
file of the Hon’ble Family Court, Sivagangai dated 14.10.2022 on the following
among other grounds.

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-:GROUNDS:-
a. That the learned trial court ought to have consider the respondent did not
respect the appellant and the family members of the appellant in the
matrimonial home. The respondent’s father was financially poor. which, the
respondent and her family members have demanded money from the
appellant, the appellant refused to give the amount to the Respondent’s father
due to that the respondent left the matrimonial home without any valid reason
and without informing the appellant. When he questioned the same, she
abused him in filthy language.
b. The learned trial ought to have consider that the appellant/Petitioner had
requested the respondent several times to return the matrimonial home but,
she was not accepted the same. Thereafter, the appellant/Petitioner and his
family members compromised with the respondent to reunite with him but, it
ended in failure. The respondent filed a domestic violence case in
D.V.O.P.No.6 of 2014 against the Petitioner and his mother before the
Learned Judicial Magistrate No.II, Sivagangai with malafied intention.
Subsequently, several compromises were made by the Petitioner and his
family elders thereafter, the said case was withdrawn by the respondent.
c. The learned trial court failed to appreciate that the allegations leveled by the
Appellant were sufficient to prove the ground of cruelty against the
Respondent, because the Respondent and her family members had insulted
the husband many times and the Respondent had deserted him.
d. The Appellant/Petitioner worked in the Madurai Bench of Madras High Court
as Examiner reader, during that time the respondent was not ready to live
along with the Petitioner’s mother, and due to that the respondent often
quarrel with the appellant/Petitioner and his mother. That the judgment of the

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Hon'ble Apex Court in the case of Durga Prasanna Tripathy Vs. Arundhati
Tripathy (2005)7 SCC 353 that the repeated insistence of the wife to live in a
separate accommodation also caused grave mental cruelty to the husband, as
he was forced to live separately from his old parents.
e. That the Appellant's family elders and parents compromised the Respondent
and the respondent assured and accepted to live peacefully with the appellant
and his mother, due to that the appellant withdrawn the Revision Petition in
C.R.R.P.No.10 of 2014 and H.M.O.P.No.22 of 2014, but the respondent went
to her parental house without informing to the appellant without any valid
reason, the Hon’ble trial court failed to consider the acceptance and assurance
given by the respondent, therefore the impugned judgment is liable to be set
aside by this Hon’ble Court.
f. The appellant and the respondent's marriage are solemnized in the year 2008,
the said couple has lived only for two years. From 2010 onwards the appellant
and the respondent lived separately, for nearly 14 years the appellant and the
respondent were living separately. The respondent working as an office bearer
in Tamarakki Panchayat, Sivagangai District, and also earns money from the
tailoring job and agriculture. The respondent earned Rs.30,000/- for a
monthly basis, but the respondent suppressed the fact and filed M.C.O.P.38
of 2019 and got the order in favor of the respondent. The Hon’ble trial court
failed to considered the above said fact and circumstance, therefore liable to
be set aside the H.M.O.P.No.351 of 2021 by this Hon’ble Court.
g. According to the appellant/Petitioner, the respondent often quarreled with the
Appellant/Petitioner and his mother for petty issues. The Respondent left the
matrimonial home without informing to the Appellant/Petitioner and without

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any valid reasons the Learned trial court failed to consider the above said fact
and circumstances and dismissed the H.M.O.P.No.351 of 2021.
h. The Hon’ble Madras High Court ordered in Crl.R.C.No.1017 of 2013 held
that “7. This Court feels that while the petition for divorce is pending, more
soever when petition filed under Section 36 of Divorce Act is pending before
the Competent Court without disposing the said petition, the maintenance
amount awarded under Section 125 Cr.P.C is unwarranted. The learned
Family Court Judge failed to understand the scope of Section 125 Cr.P.C.
Hence, the citations referred to by the learned counsel for the petitioner is not
applicable to the present case on hand. Therefore, this Court is inclined to set
aside the order passed by the Family Court”, but in this case, while at the
time of pendency of H.M.O.P in 351 of 2021, the M.C.No.38 of 2019 ordered
and maintenance amount awarded to the respondent, but the trial court failed
to consider the same, therefore the impugned judgment is liable to be set aside.
i. The grievance of the appellant/Petitioner seeking divorce against the
Respondent is that she left the matrimonial home without any valid reason
and deserted him and she is not cooperating with him on every trivial issue
and has caused mental agony, which constitutes mental cruelty to the
Appellant/Petitioner.
j. That the Appellant and his aged widow mother living in the dwelling house.
The Appellant’s mother was affected by several ailments like sugar, asthma,
blood pressure, and other diseased. the Appellant taking care of his aged
mother and the appellant spending for the medical expenses.
k. That the trial court appreciated only the Maintenance case in the M.C.No.38
of 2019, but failed to consider the Appellant H.M.O.P.No.351 of 2021

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Petition, therefor the impugned judgment is liable to be set aside by this
Hon’ble Court.
l. That the appellants reserve his right to raise additional grounds at the time of
the hearing.
It is therefore the Appellants prayed that this Hon’ble Court may be
pleased to set aside the order in H.M.O.P. No. 351 of 2021 on the file of the
Hon’ble Family Court, Sivagangai District dated 14.10.2022 in accordance
with law within the time stipulated by this Honorable Court and pass such
further or other order as this Hon’ble Court may deem fit and proper in the
circumstances of the case and thus render justice.
Dated at Madurai on this day of February 2023.
COUNSEL FOR THE APPELLANT
MEMO OF VALUATION
Valuation of the claim : Rs. Incapable/-
Court Fee paid thereon : Rs. 50/-
Value of the C.M.A : Rs. Incapable/-
Court fee : Rs. 1500 /-

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MEMORANDUM OF CRIMINAL MISCELLANEOUS PETITION FILED
UNDER SECTION 5 OF LIMITATION ACT
IN THE HIGH COURT OF JUDICATURE MADRAS AT MADURAI BENCH
(Civil Appellate Side)
C.M.P (MD) No. of 2023
-In-
C.M.A (MD) No. of 2023
-In-
H.M.O.P.No.351 of 2021
(On the file of the Hon’ble Family Court, Sivagangai)
Muneeswaran,(M,40/23)
S/o.Paramandi,
Thamaraki Post,
Kumarapatti Village,
Sivagangai District. …
Appellant/Petitioner/Petitioner
-VS –
Mrs. Sasikala (F, 30/23),
D/o. Sekar,
Thamaraki Post,
Kumarapatti Village,
Sivagangai District. .... Respondent/Respondent/Respondent
PETITION FOR CONDONE DELAY
For the reasons stated in the accompanying affidavit the petitioner most
respectfully pray that this Hon’ble Court may be pleased to condone the delay of
days in preferring this Civil Miscellaneous Appeal as against the Judgment passed
in H.M.O.P.No.351 of 2021 on the file of the Hon’ble Family Court, Sivagangai in
accordance with law within the time stipulated by this Honorable Court and pass
such further or other order as this Hon’ble Court may deem fit and proper in the
circumstances of the case and thus render justice.
Dated at Madurai on this 27th
day of February 2023.
Counsel for the Appellant

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IN THE HIGH COURT OF JUDICATURE AT MADURAI BENCH OF
MADRAS HIGH COURT
(CIVIL APPELLATE JURISDICTION)
C.M.A (MD) No. of 2023
-In-
H.M.O.P.No.351 of 2021
(On the file of the Hon’ble Family Court, Sivagangai)
Muneeswaran,(M,40/23)
S/o.Paramandi,
Thamaraki Post,
Kumarapatti Village,
Sivagangai District. … Appellant/Petitioner/Petitioner
-VS –
Mrs. Sasikala (F, 30/23),
D/o. Sekar,
Thamaraki Post,
Kumarapatti Village,
Sivagangai District. .... Respondent/Respondent/Respondent
INDEX
Sl.no Date Description Page no
1. - Court Fee 1
2. - Coding Sheet 2-3
3. - Grounds for Civil Miscellaneous Appeal 4-9
4. - Petition for Condone Delay 10-11
5. - Affidavit 12-16
6. - Judgment in H.M.O.P. No. 351of 2021 17-36
TYPEDSET OF PAPERS
7. - Petition filed in H.M.O.P. No. 104 of 2013 37-42
8. 19.08.2015 Affidavit filed by the respondent in H.M.O.P.
No. 22 of 2014
43-46
9. 05.11.2019 Order in M.C.No.38 of 2019 filed by the
Respondent.
47-53

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10. 10.01.2020 Petition filed by the respondent in
Cr.M.P.No.44 of 2020 in M.C.No.38 of 2019
on the file of the Hon’ble Family Court,
Sivagangai
54-57
11. 05.01.2021 Petitioner filed Crl.R.C(MD).No.253 of 2021
in M.C.No.38 of 2019.
58-63
12. 18.12.2021 H.M.O.P.No.351 of 2021 filed by the
Petitioner
64-74
13. 28.09.2022 Written Argument 75-85
14. 14.10.2022 Decree in H.M.O.P.No.351 of 2021 86-88
15. 14.10.2022 Judgment in H.M.O.P. No. 351 of 2021 89-107
16. - Vakalat 108-109
17. - Batta 110-111
Verified that the above said documents are true copies of their originals.
Dated at Madurai on this the 27th
day of February 2023.
Counsel for the Appellant

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DISTRICT: SIVAGANGAI
BEFORE THE MADURAI
BENCH OF MADRAS
HIGH COURT
C.M.A (MD) No. of 2023
-In-
H.M.O.P.No.351 of 2021
(On the file of the Hon’ble Family
Court, Sivagangai)
TYPED SET OF PAPERS
CIVIL MISCELLANEOUS APPEAL
M/s.R.Alagumani (1461/97)
R.Rajaselvan (4051/15)
S.RameshKumar (2757/12)
B.Dhanasekaran (1912/00)
R.Manibharathi (1330/21)
P.Prabhakar Pandian (3713/18)
S.Mohammed Yunnis Raja (4103/21)
A.V.Saha (3517/21)
Counsel for the Petitioner

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r_alagumani@yahoo.co.in
DISTRICT: SIVAGANGAI
BEFORE THE MADURAI
BENCH OF MADRAS
HIGH COURT
C.M.A (MD) No. of 2023
-In-
H.M.O.P.No.351 of 2021
(On the file of the Hon’ble Family
Court, Sivagangai)
GROUNDS FOR
CIVIL MISCELLANEOUS APPEAL
M/s.R.Alagumani (1461/97)
R.Rajaselvan (4051/15)
S.RameshKumar (2757/12)
B.Dhanasekaran (1912/00)
R.Manibharathi (1330/21)
P.Prabhakar Pandian (3713/18)
S.Mohammed Yunnis Raja (4103/21)
A.V.Saha (3517/21)
Counsel for the Petitioner

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r_alagumani@yahoo.co.in
DISTRICT: SIVAGANGAI
BEFORE THE MADURAI
BENCH OF MADRAS
HIGH COURT
C.M.P (MD) No. of 2023
-In-
C.M.A (MD) No. of 2023
-In-
H.M.O.P.No.351 of 2021
(On the file of the Hon’ble
Family Court, Sivagangai)
PETITION FOR CONDONE DELAY
M/s. R.Alagumani (1461/97)
R.Rajaselvan (4051/15)
S.RameshKumar (2757/12)
B.Dhanasekaran (1912/00)
R.Manibharathi (1330/21)
P.Prabhakar Pandian (3713/18)
S.Mohammed Yunnis Raja (4103/21)
A.V.Saha (3517/21)
Counsel for the Petitioner

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r_alagumani@yahoo.co.in
DISTRICT: SIVAGANGAI
BEFORE THE MADURAI
BENCH OF MADRAS
HIGH COURT
C.M.A (MD) No. of 2023
-In-
H.M.O.P.No.351 of 2021
(On the file of the Hon’ble Family
Court, Sivagangai)
AFFIDAVIT
M/s. R.Alagumani (1461/97)
S.RameshKumar (2757/12)
B.Dhanasekaran (1912/00)
R.Manibharathi (1330/21)
P.Prabhakar Pandian (3713/18)
S.Mohammed Yunnis Raja (4103/21)
A.V.Saha (3517/21)
Counsel for the Petitioner

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r_alagumani@yahoo.co.in