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2009 Supreme(Mad) 1818

High Court of Judicature at Madras
THE HONOURABLE MRS. JUSTICE PRABHA SRIDEVAN & THE HONOURABLE MR. JUSTICE T.S. SIVAGNANAM
K. Umasankar
Versus
Suryakala
C.M.A.No.1423 of 2004
Decided on: 19-06-2009

Advocates Appeared:
For the Appellant:G. Appavu, Advocate.
For the Respondent:C.N.G. Ezhilarasi, Advocate.

Headnote:A. HINDU MARRIAGE ACT, 1956 - DIVORCE - SECTION 13 (1) (1a) - Petitioner husband, had an arranged marriage with respondent, and lived in a joint family, for which wife despite being an only daughter in a nuclear family agreed - Husband alleged that wife insisted on going to a separate residence on marriage night itself, that she used to pick up quarrels with his family members and spread unsavoury canards and alleged financial demands by husband’s family and husband and mother tried to kill her - Couple living apart for 12 years - Family Court rejected petition holding that disagreements were only minor wear and tear of family life - Wife’s allegations of cruelty disbelieved - Allowing petition HELD that circumstances clearly showed that parties have separated by mutual consent.

       B. HINDU MARRIAGE ACT, 1956 - SECTION 13 (1) (1a) - What is Cruelty? - When respondent/wife was asked to leave her job but she insisted on continuing, her act does not amount to cruelty - HELD, that request by wife to set up a separate residence cannot be termed cruelty - There are no set parameters on cruelty. It depended on several factors, including social status, educational background, etc. (Para 8).

       C. HINDU MARRIAGE ACT, 1956 - SECTION 13 (1) (1a) - Cruelty - HELD that family court having found that the wife’s allegations of alcoholism, moral turpitude of husband’s family members, dissipation of family wealth etc were not proved should have dissolved the marriage as it amounted to cruelty. (Para 12) - Order of Family Court rejecting dissolution, set aside.

       Result: CMA allowed.

Judgment :-

Prabha Sridevan, J.

1. The appellant is the husband whose petition for divorce was dismissed by the Family Court. The facts in brief:

The parties were married on 03-08-1995. It was an arranged marriage. It was understood that the husband was living in a joint family. The wife was a single child and both parties understood that she would cope up with the requirements of living in a joint family. No pecuniary demands were made by the husbands side on the wifes parents. The parents of the husband assured the wife and her parents that she would live just as she lived with here parents. His hope for a happy married life were shattered when even on the first night she suggested that they should live independently since she would not be able to cope in a joint family. From that date, the respondents wife adopted various tactics to pressurise the appellants husband to set up a house separately. The respondent was working in Shriram Chits Company. She was asked to resign her job, but she did not agree. She also declared that the family members of her husband were far lower in status compared to her. She abused her husband and his family with wounding words. The frequent visits by her parents did not improve the situation. Frequently, she would leave home without informing him and go to her parents house and repeatedly he had to go and persuade her to return. There was mental agony and frustration. In the meantime, she conceived a child. Again on the pretext of taking rest, she went to her parents home. There was total non-cooperation by her in the joint family. She kept the appellant always on tenterhooks. She also spread rumours amongst community that the appellant and his family members were all drunkards and had lost their property because of gambling at races and other bad habits. This lowered their image in the community. These rumours were spread to alienate the appellant from his family. The appellant suffered enormously because of all this. It was increasingly becoming impossible to persuade the respondent to behave amicably with the members of his family. She created scenes at home attracting the attention of their neighbours and tarnished their respect in the community. Her parents also confronted his parents and demanded that a separate home should be set up. This was in December 1996. They also threatened that they would lodge complaints to the police. It was her practice to save her income and to squander his money. He tried to encourage her to develop a saving habit by purchasing UTI Units and other deposits. She slowly and systematically moved all her belongings and all her valuable jewellery and even her certificates. On 16-01-1997, she left the marital home declaring that she will not return unless he submitted to her dictates and demands. Even the birth of the child did not improve the situation. When his father died, he hoped it would pave the way for unity. But she never participated in the last rites and left abruptly. Losing all hopes of union a legal notice was sent on 02-07-1997 and a petition was filed under Section 13(1)(1(a) of the Hindu Marriage Act.

2. In response, the wife denied all the averments. According to her, she assured full cooperation and being the only daughter, she was eager to live with the joint family. She was not asked to stop working. On the contrary, her husband and his mother insisted that in the present economic conditions, a second income was necessary. On the first night, what really happened was that the husband came intoxicated and she could not bear the alcoholic smell. When she informed this to her in laws they merely brushed it aside saying that such habits are common. It is true that she is working in Shri Ram Chits Company. But it is not true that they asked her to stop working. Whenever it was the pay day, the husband would punctually come to her office premises under the mild influence of alcohol to collect the salary. The joint family did not break up because of h











































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