G. JAYACHANDRAN, C. KUMARAPPAN
Revathi – Appellant
Versus
Anburajan – Respondent
JUDGMENT :
PRAYER: Civil Miscellaneous Appeal filed under Section 19(1) of Family Courts Act, 1984 against the judgment and decree dated 18.09.2017 made in H.M.O.P.No.241 of 2016 on the file of Family Court, Madurai.
This Civil Miscellaneous Appeal is filed by the wife, who had lost her case before the Family Court in H.M.O.P.No.241 of 2016, which was initiated by the husband for divorce.
2. On 28.03.2007, the appellant married the respondent as per the Hindu rites and customs. The respondent/husband, after marriage, went to Singapore to pursue his avocation, leaving behind his wife. Thereafter, when he proposed her to join him in Singapore, the appellant delayed the chance of joining by quoting her studies. On 16.12.2007, she joined her husband at Singapore, but was very inquisitive about the salary and other perks earned by the respondent/husband. She was very suspicious about his character and also avoided sexual cohabitation with him. However, due to the marital life, the appellant got conceived and she was brought back to Madurai for delivery. In the month of May, 2008, they both came back to Madurai and lived for few days. Due to the ill advice of the parents of the appellant, s
Anurag Mittal Vs. Shaily Mishra Mittal reported in (2018) 9 SCC 691
Vinod Kumar Subbiah Vs. Saraswathi Palaniappan reported in (2015) 4 MLJ 374 (SC)
A second marriage during the pendency of an appeal against a divorce decree is illegal under Section 15 of the Hindu Marriage Act, and allegations of cruelty must be substantiated by evidence.
(1) Divorce – Temperamental differences between spouses could be resolved over time and should not be used as grounds for divorce.(2) Initiation of D.V. case and M.C case should not be held as cruelt....
False allegations and harassment by a spouse can result in mental cruelty, justifying divorce under the Hindu Marriage Act.
The definition of cruelty under the Hindu Marriage Act has a wider meaning and is subject to the court's subjective satisfaction. The practical and pragmatic approach is required in matrimonial issue....
The subjective determination of cruelty, consideration of irretrievable breakdown of marriage, and the practical and pragmatic approach required in matrimonial issues.
Desertion without reason or consent can constitute mental cruelty, and the filing of criminal cases by a spouse alleging dowry harassment constitutes mental cruelty.
The central legal point established in the judgment is the irretrievable breakdown of the marriage due to the failure to fulfill matrimonial obligations.
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