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J. NISHA BANU, P. DHANABAL
K. Purushothaman – Appellant
Versus
G. Bapitha – Respondent
JUDGMENT :
J. NISHA BANU, J.
Prayer: Civil Miscellaneous Appeals are filed under Section 19 of the Family Court Act praying to set aside the common judgment and decree in O.P.Nos.1417 of 2020 & 3780 of 2019, dated 21.07.2022 passed by the learned VII Additional Family Court at Chennai.
1. Since the issue involved in both the cases are one and the same, they are disposed of by this common judgment. These Civil Miscellaneous Appeals have been preferred as against the common order passed in O.P.Nos.1417 of 2020 and 3780 of 2019 on the file of the learned VII Additional Family Judge at Chennai dated 21.07.2022.
2. The appellant/husband herein has filed a petition in O.P. No. 1417 of 2020 seeking divorce on the ground of mental disorder and cruelty and the respondent/wife herein has filed a petition in O.P. No. 3780 of 2019 under Section 9 of the Hindu Marriage Act, 1955, seeking restitution of conjugal rights.
3. The trial Court dismissed the petition filed by the appellant/husband seeking divorce and allowed the petition filed by the respondent/wife seeking restitution of conjugal rights. Aggrieved by the above said orders, the aggrieved husband has preferred the present Civil Miscellaneou
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.
The judgment clarifies that allegations of mental cruelty must be substantiated with evidence, and the burden of proof lies with the accuser.
The court affirmed that without established evidence of cruelty, a decree of divorce cannot be granted, highlighting the necessity of proving such allegations for marital dissolution.
Matrimonial Dispute - Definition of cruelty - Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either husband or wife, be dissolved by a ....
The court emphasized the need for evidence to prove allegations of cruelty and the importance of willingness to reconcile in cases of restitution of conjugal rights.
Cruelty in marriage can be established through its impact on the spouse, not solely through direct evidence of misconduct.
Non-consummation of marriage due to one spouse's non-cooperation can constitute mental cruelty, justifying divorce.
The main legal point established in the judgment is that mental cruelty, as a ground for dissolution of marriage, need not cause injury to the petitioner's health, and it must be of such a nature tha....
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