IN THE HIGH COURT OF MADRAS
R. Subbiah, C. Saravanan, JJ.
E. JAYACHANDRAN @ NADESSIN - Appellant
Vs.
NAVANEETHAM @ SUNDARAVADIVU - Respondent
Civil Miscellaneous Appeal No. 3545 of 2014, Civil Miscellaneous Petition No. 16316 of 2017
Decided On : 13-08-2018
Hindu Marriage Act, 1955 - Section 13(1)(i-a) - Judicial Separation - Cruelty - Petition to divorce was filed even before the parties could get to know each other to experience marital bliss or cruelty - Held, In Court’s view, the appellant has not made out a case for dissolving the marriage on the ground of cruelty - It is also Court’s view that in the facts of the case that the appellant cannot take advantage of his conduct to plead irretrievable break down of marriage - Appellant has pushed the respondent to the corridors of the court and is now trying to dissolve the marriage - It is also Court’s view that there is no case made out for judicial separation as cruelty has not been established - Appeal dismissed
C.Saravanan, J.
The husband is the appellant before this Court and is aggrieved by the fair and decretal order dated 22.11.2013 passed by the Family Court, Puducherry in M.O.P.No.21 of 2004 (hereinafter referred to as the impugned order and the Family Court).
2. By the impugned order the Family Court has dismissed a petition to dissolve the marriage under section 13(1)(i-a) of the Hindu Marriage Act, 1955 at the instance of the appellant.
3. The Family Court has also closed I.A.No.230 of 2010 in M.O.P No. 21 of 2004 filed for an interim custody of the son in view of the order passed in M.O.P No. 21 of 2004.
4. The impugned order also allows the appellant to visit their minor son staying with the respondent every Sunday after prior information to the respondent about the visit.
5. The Family Court has also observed that this is a fit case for Judicial Separation even though no case has been made out for granting divorce on the ground of cruelty.
6. The order also directs the appellant to remit an amount of Rs. 3,200/- per month towards the maintenance of the respondent and their minor son until further orders.
7. The parties have been at loggerheads with each other right after marriage. The appellant has resorted to judicial intervention to redress domestic grievance instead of mutually sorting out the differences. The petition to divorce was filed even before the parties could get to know each other to experience marital bliss or cruelty.
8. The parties have spent much of the time in litigation after the said M.O.P.No.21 of 2004 came to be filed by the appellant for dissolving the marriage on the ground of cruelty by the respondent.
9. After the case had been filed, several other developments have taken place. The learned counsel for the appellant has given a detail of the interlocutory application which came to be filed pending disposal of the O.P.No.21 of 2004. They are detailed as below:
(i) On 22.11.2004, I.A. No.656 of 2004 was filed by the respondent for interim maintenance by the respondent. On 16.12.2006, order in I.A.No.656 of 2004 was passed and directed the appellant to pay a monthly maintenance of Rs. 2,500/- to the respondent.
(ii) I.A.No.722 of 2004 was filed by the respondent to injunct the appellant from disturbing the respondent from the matrimonial home.
(iii) On 16.12.2006, filed I.A. No. 255 of 2009 for medical expense and the treatment of the child was dismissed by the Family Court
(iv) I.A.No.256 of 2009 was filed on 25.06.2009 seeking enhancement of interim maintenance and same was ordered on 11.02.2010. The appellant was directed to pay the monthly maintenance of Rs. 5000/- to the respondent and the minor child and Rs. 15,000/- every year towards education expenses of the minor child till disposal of the divorce petition.
(v) The amount has been enhanced to Rs. 3,200/- per month in the impugned order.
(vi) I.A.No.257 of 2009 filed on 25.06.2009 for grant of litigation expenses of Rs. 10,000/- and Rs. 500/- per month pending further proceeding. On 20.12.2011 the said application was disposed directing the appellant to pay a sum of Rs. 3000/- towards litigation expenses and Rs. 100/- for every hearing for the respondent and a witness in order to proceed with the cross examination.
(vii) I.A.No.230 of 2010 was filed by the appellant for interim custody of the child which has been disposed with the impugned order.
(viii) I.A Nos.778 and 779 of 2012 were filed by the respondent to recall the appellant and witnesses for cross examination and to reopen the evidence. These applications were dismissed by the court on 21.02.2013.
(ix) The respondent also filed C.R.P.Nos.1854 and 1855 of 2013 against the common order passed in I.A. Nos. 778 and 779 of 2012 in M.O.P. No. 21 of 2004.
(x) The respondent also filed SLP before the Hon'ble Supreme Court against the order dismissing the Civil Revision Petition filed by the respondent. On 02.08.2013, the Hon'ble Supreme Court dismissed the SLP.
(xi) It is after the culmination of t
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.