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K. M. JOSEPH, HRISHIKESH ROY
N. Rajendran – Appellant
Versus
S. Valli – Respondent
What is the effect of Article 142 of the Constitution on declaring a marriage dissolved despite absence of consent? What is the correct interpretation and application of Section 29(2) and 29(3) of the Limitation Act in relation to Family Courts Act appeals? What are the limits and conditions for dissolution of marriage on grounds of irretrievable breakdown or cruelty where one party remarries under Section 15 Hindu Marriage Act?
JUDGMENT
K.M. Joseph, J.
By the impugned judgment, the High Court has reversed the decree of dissolution of the marriage between the appellant and the respondent which is passed under Section 13 (1) (ia) of the Hindu Marriage Act, 1955.
2. We have heard Mr. K.S Mahadevan, learned counsel the appellant and Mr. Gautam Narayan, learned counsel for the respondent.
3. The appellant and the respondent were married as per the Hindu rites and customs on 29.08.1999. According to the appellant, there were certain differences between his sister and the respondent's brother, who were married to each other, which led to the appellant's sister returning to her parental house. Further, the case of the appellant is that the respondent left the appellant on 18.01.2000 and returned to her parental home. She did not return home. She stood accused of cruelty and accordingly, the divorce petition was filed on 05.03.2001 seeking dissolution. The Family Court allowed the petition by its decree dated 23.07.2004. An appeal was carried by the respondent before the Madras High Court under Section 19 of the Family Courts Act, 1984 and it was filed on 09.09.2004. According to the appellant, since the period for fi
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