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R. MAHADEVAN, J. SATHYA NARAYANA PRASAD
T. S. Ramesh – Appellant
Versus
V. Krithika – Respondent
JUDGMENT
(Prayer: Appeals filed under Section 19 of the Family Courts Act against the fair and decretal order dated 26.11.2018 passed by the Principal Family Court at Chennai, in O.P. Nos. 2674 of 2012 and 3106 of 2012 respectively.)
Common Judgment:
R. Mahadevan, J.
1. Both these appeals are filed by the appellant/husband, questioning the correctness and validity of the common order dated 26.11.2018 passed by the Principal Family Court, Chennai in O.P. Nos. 2674 and 3106 of 2012.
2. Before the Family Court, the respondent/wife filed O.P. No. 2674 of 2012 under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 (hereinafter shortly referred to as ''the Act'') praying to dissolve the marriage solemnised between her and the appellant herein on 27.08.1997 on the ground of cruelty. Whereas, the appellant/husband filed O.P. No. 3106 of 2012 for restitution of conjugal rights. By a common order dated 26.11.2018, the Family Court allowed the Original Petition filed by the respondent and thereby dissolved the marriage solemnised between the parties on 27.08.1997. Consequently, the Original Petition filed by the appellant for restitution of conjugal rights was dismissed. This has given rise to
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 main legal point established in the judgment is the concept of irretrievable breakdown of marriage as a weighty circumstance necessitating the severance of marital ties.
Cruelty in matrimonial law encompasses both physical and mental aspects, with the latter requiring a cumulative assessment of conduct that causes reasonable apprehension of harm to the aggrieved spou....
Prolonged separation and lack of cooperation can indicate irretrievable breakdown of marriage, leading to divorce under Hindu Marriage Act.
The court affirmed that the evidence of persistent cruelty justified the dissolution of marriage under Section 13(1)(ia) of the Hindu Marriage Act, establishing a clear breakdown of the marital relat....
Trivial marital conflicts do not equate to legal cruelty; however, persistent destructive behavior affecting a spouse’s mental well-being can justify divorce under Section 13(1)(ia) of the Hindu Marr....
Mental cruelty, as defined under Hindu Marriage Act, can irreparably damage the trust and respect in marriage, providing sufficient grounds for divorce even without physical violence.
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