Sankara Subramanian vs Sivalekshmi alias Sheela

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Mad) 3356

RMT. TEEKAA RAMAN, P. B. BALAJI
Sankara Subramanian – Appellant
Versus
Sivalekshmi alias Sheela – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. M.P. Senthil
For the Respondent: Mr. Aayiram K.Selvakumar

JUDGMENT :

RMT.TEEKAA RAMAN, J.

Prayer:- Civil Miscellaneous Appeal filed under Section 19(1) of the Family Courts Act, 1984, against the fair and decretal order, dated 19.02.2021 passed in H.M.O.P.No.5 of 2019 on the file of the Family Court, Tirunelveli.

The husband has filed this appeal challenging the order of rejection of the relief of dissolution of marriage on the ground of cruelty filed under Section 13(1)(ia)(ib) & 5(ii)(b) of the Hindu Marriage Act.

2. The marriage between the parties was solemnized on 09.02.2014 and the reception was held at Rajanathan Mahal, Santhinagar, Palayamkottai on behalf of the husband side.

3. For the sake of convenience, the parties are referred to according to their litigative status before the Family Court as petitioner/husband and respondent/wife.

4. The fact that are necessary for determination of this appeal shun unnecessary facts are as under:

(a) The marriage between the parties are admitted. Before the trial Court, the husband has filed the above H.M.O.P.No.5 of 2019 on the ground of cruelty, desertion and also included Section 5(ii)(b) of the Hindu Marriages Act for the wife is not competent to give progeny.

5. The petition proceeds on the ba