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L. VICTORIA GOWRI
P. Kandasamy – Appellant
Versus
M. Lalitha – Respondent
JUDGMENT :
(Prayer: Civil Miscellaneous Second Appeal filed under Section 28 of Hindu Marriage Act, 1955 read with U/S 100 of CPC, to set aside the Judgment and decree dated 07.01.2016 made in C.M.A.No.11 of 2014 on the file of the Principal District Judge, Karur confirming the fair and final order dated 07.11.2014 made in H.M.O.P.No.57 of 2010 on the file of the Sub Judge, Kulithalai.)
1. This Civil Miscellaneous Second Appeal has been preferred against the Judgment and decree dated 07.01.2016 made in C.M.A.No.11 of 2014 on the file of the Principal District Judge, Karur confirming the fair and final order dated 07.11.2014 made in H.M.O.P.No.57 of 2010 on the file of the Sub Judge, Kulithalai.
2. For the sake of convenience, the parties are referred herein as per their rank before the Trial Court.
3. The petitioner is the husband and the respondent is the wife. The petitioner/husband filed a petition under Section 13 (1) (ia) and (1) (ib) of Hindu Marriage Act, 1955, seeking to dissolve the marriage between the petitioner/husband and the respondent/wife by decree of divorce on the grounds of cruelty and desertion.
4. The case of the petitioner:
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....
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 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 court ruled that claims of cruelty and desertion must be substantiated with credible evidence, emphasizing that allegations alone are insufficient for divorce under the Hindu Marriage Act.
The main legal point established in the judgment is that to prove cruelty for divorce under the Hindu Marriage Act, instances of cruelty must be established with specific reference to date, time, pla....
The main legal point established in the judgment is the proof of cruelty and desertion under Section 13 (1) (ia) & (ib) of the Hindu Marriage Act, 1955.
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