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J. NISHA BANU, P. DHANABAL
S. Bakyalakshmi – Appellant
Versus
T. Arunkrishna – Respondent
JUDGMENT :
J. NISHA BANU, J.
Prayer: Civil Miscellaneous Appeal is filed under Section 19 of the Family Court Act praying to set aside the judgment and decree dated 10.08.2022 in F.C.O.P. No. 62 of 2020 passed by the learned Judge, Family Court, Chengalpet District.
1. The aggrieved wife/respondent before the Court below has preferred the present Civil Miscellaneous Appeal against the fair and decreetal order passed in F.C.O.P. No. 62 of 2020 on the file of Family Court, Chengalpet dated 10.08.2022, granting the decree of divorce on the grounds of cruelty and desertion, thereby dissolving the marriage between the appellant/wife and the respondent/husband.
2. This Court heard both the learned counsel appearing for the appellant as well as the respondent and perused all the materials available on record.
3. Before the trial Court, on the side of the appellant/respondent, two witnesses RW1 and RW2 were examined and 16 documents Ex.R.1 to Ex.R.16 were marked as exhibits. On the side of the respondent/ petitioner, the respondent himself was examined as PW1 and three evidences Ex.P.1 to Ex.P.3 were marked as exhibits. The Trial Court, after considering the evidence adduced on both sides, allo
Cruelty in marriage can be established through its impact on the spouse, not solely through direct evidence of misconduct.
The judgment clarifies that allegations of mental cruelty must be substantiated with evidence, and the burden of proof lies with the accuser.
Mental cruelty includes ongoing suspicion and psychological abuse by a spouse, which may justify divorce when it renders the marriage intolerable.
Cruelty in divorce proceedings requires sustained behavior, not isolated incidents; the trial Court's dismissal of the petition was upheld.
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....
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.
Mental cruelty can justify divorce when one spouse's conduct causes reasonable apprehension of harm to the other, as established in this case.
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