J. NISHA BANU, P. DHANABAL
R. Geetha priya – Appellant
Versus
M. Vigneswaran – Respondent
JUDGMENT :
J. NISHA BANU, J.
Prayer: Civil Miscellaneous Appeal filed under Section 19 of the Family Court Act, 1994, against the order and decree dated 09.03.2020 passed in O.P. No. 1488 of 2017 by the Principal Judge, Family Court, Chennai.
1. The petitioner/husband has filed a petition, before the Court below, seeking for dissolving of his marriage with the respondent under Section 13(1)(ia) of the Hindu Marriage Act and the same came to be allowed. Aggrieved against such order, the respondent/ wife has preferred the present Civil Miscellaneous Appeal before this Court.
2. Mr. J. Abdul Hadi, learned counsel for the appellant made the following submissions:
Cruelty in divorce proceedings requires sustained behavior, not isolated incidents; the trial Court's dismissal of the petition was upheld.
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 main legal point established in the judgment is that the marriage bond can be considered broken irretrievably due to mental cruelty, loss of mutual trust and faith, and the refusal to share the b....
Point of law: Family Court erred in not considering the matter on its merits as appellant has specifically pleaded grounds of cruelty and the same are proved in evidence
Mental cruelty includes ongoing suspicion and psychological abuse by a spouse, which may justify divorce when it renders the marriage intolerable.
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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