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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SATHISH NINAN, SHOBA ANNAMMA EAPEN, JJ
P.M.MANOJ D/o.mercy THOMAS – Appellant
Versus
BENNY JOHN S/o.yohannan THOMAS – Respondent
JUDGMENT :
SHOBA ANNAMMA EAPEN, J.
Mat.A.Nos.355 of 2017, 538 of 2019 and RP(FC) No. 109 of 2022 are filed by the wife. Mat.A.No.237 of 2019 is by the husband. For the sake of convenience, the parties are hereinafter referred to as the 'husband' and 'the wife'.
2. Mat.A.No. 355 of 2017 is filed by the wife challenging the judgment and decree of divorce granted by the Family Court in O.P(Div). No.95/2015 filed by the husband.
3. Mat.A.No. 538 of 2019 was filed by the wife challenging the order in I.A.No.568/2016 in O.P(Div) No.95/2015 passed by the Family Court awarding permanent alimony of Rupees three lakh against the claim of Rupees five crores.
4. RP(FC) No. 109 of 2022 was filed by the wife challenging the order in M.C.No.37 of 2019 passed by the Family Court, dismissing the claim for monthly maintenance from the husband.
5. The husband has filed Mat.A.No. 237 of 2019 challenging the order dated 31.01.2016 in I.A.No.568/2016 awarding permanent alimony of Rupees three lakhs to the wife.
6. The husband’s case in brief is as follows :-
The marriage between the parties was solemnised on 03.11.2013. On the first day of marriage, he noticed abnormal behaviour on the part of the wife. She rea
The irretrievable breakdown of marriage can be equated with cruelty, justifying divorce and the award of alimony based on the financial circumstances of the parties.
(1) Divorce – Where marriage has lost its essence and that its continuation would serve no meaningful purpose – A dead marriage must be given a decent quietus..(2) Maintenance/Alimony – Financial ind....
The court established that allegations of cruelty must be substantiated with evidence, and the absence of such evidence can lead to the dismissal of divorce petitions.
Divorce – A defaulting husband cannot be rewarded with decree of divorce.
The court found no credible evidence of cruelty to justify marriage dissolution, reversing the Family Court's judgment and concluding the couple's relationship was harmonious.
Insufficient evidence to prove allegations of adultery and cruelty under the Hindu Marriage Act.
Prolonged separation and absence of cohabitation constitute mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act, justifying divorce.
(1) Divorce – Irretrievable breakdown of marriage may not be a ground for dissolution of marriage, under Hindu Marriage Act, but it is a ground for dissolution of marriage under Section 13(1)(1a) of ....
(1) Repeatedly filing of criminal cases by one party against other in a matrimonial matter would amount to cruelty.(2) A marriage which has broken down irretrievably, spells cruelty to both parties –....
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