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V. M. VELUMANI, S. SOUNTHAR
T. M. Thamilselvi – Appellant
Versus
P. Rajakumar – Respondent
JUDGMENT
(Prayer in C.M.A.No.735 of 2021: This Civil Miscellaneous Appeal is filed under Section 19 of the Family Court Act, 1984 to set aside the order of the V Additional Family Court, Chennai 13.03.2020 made in O.P.No.1145 of 2011 and praying to dismiss the O.P.No.1145 of 2011.
Prayer in C.M.A.No.733 of 2021: This Civil Miscellaneous Appeal is filed under Section 19 of the Family Court Act, 1984 to set aside the order of the V Additional Family Court, Chennai dated 13.03.2020 made in O.P.No.1788 of 2011 and to allow the O.P.No.1788 of 2011.) Common Judgment:
S. Sounthar, J.
These Civil Miscellaneous Appeals are arising out of fair and final order passed in O.P.No.1788 of 2011 and O.P.No.1145 of 2011 on the file of the V Additional Family Court, Chennai respectively.
2. The respondent/husband filed a petition for divorce on the grounds of cruelty and desertion in O.P.No.1145 of 2011 and the same was allowed by granting divorce on both the grounds. Aggrieved by the same, appellant /wife has come up with this Civil Miscellaneous Appeal in C.M.A.No.735 of 2021. The appellant/wife filed a petition for restitution of conjugal rights in O.P.No.1788 of 2011 and the same was dismissed
The court clarified that normal marital disagreements do not constitute cruelty and emphasized the need for clear evidence to prove desertion.
The main legal point established in the judgment is the court's interpretation of 'cruelty' under Section 13 (1) (i-a) and 'desertion' under Section 13 (1) (i-b) of the Hindu Marriage Act, 1955, and ....
The main legal point established in the judgment is that the evidence of cruelty and desertion must be substantial to grant a decree of divorce. The sincerity of efforts to preserve the marriage can ....
The judgment highlights the importance of proving allegations of cruelty and desertion, the impact of filing complaints, and the breakdown of meaningful bonds as grounds for divorce.
The court held that the divorce petition lacked sufficient evidence of mental cruelty and desertion, and that the litigation initiated by the wife for the protection of her rights could not be consid....
The main legal point established is that in cases of divorce and restitution of conjugal rights, the court carefully considers the evidence of cruelty and the reasonableness of the party's actions to....
The main legal point established in the judgment is that false accusations, defamatory publications, and complaints to the employer can constitute mental cruelty under the Hindu Marriage Act, leading....
It is obligation of Court and all concerned that the marriage status should, as far as possible, as long as possible and whenever possible, be maintained, but when marriage is totally dead, in that e....
The main legal point established in the judgment is the requirement to prove allegations of cruelty and desertion in divorce cases, and the consideration of the parties' willingness to reconcile as a....
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