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IN THE HIGH COURT OF JUDICATURE AT MADRAS
J.NISHA BANU, R.SAKTHIVEL, JJ
Sundararajan Vivek – Appellant
Versus
Venkataramanan Ramaa – Respondent
JUDGMENT :
R.SAKTHIVEL, J.
Challenging the Judgment and Decree dated March 20, 2020 passed by the 'I Additional Family Court, Chennai' ['the Family Court' for short] in O.P.No.393 of 2018, the petitioner therein has preferred this Civil Miscellaneous Appeal.
2. Initially, the Original Petition was filed on March 23, 2017 before Family Court at Pondicherry and later transferred to the Family Court as per the Order dated October 13, 2017 of this Court made in Tr.C.M.P. No.466 of 2017.
3. For the sake of convenience, henceforth, the parties will be referred to as per their array in the Original Petition.
PETITIONER’S CASE
4. The petitioner (husband) and respondent (wife) got married on July 2, 2014 at Sri Rangam Srimath Andavan Ashram, Mylapore, Chennai, according to Hindu rites and customs. Their marriage was registered before the Marriage Officer, Sub-Registrar, Mylapore, Chennai. The respondent exhibited scornful, disrespectful, and indifferent behaviour during her brief stay at her matrimonial home in Puducherry and later in Hyderabad, where the petitioner was employed. She was sarcastic, quarrelsome, and abusive, showing no interest in their relationship beyond the petitioner's financi
Minor disputes in marriage do not constitute cruelty; both parties must share responsibility for marital issues, and prolonged separation indicates irretrievable breakdown.
The court established that mental cruelty can justify divorce under the Hindu Marriage Act, and the Family Court erred in granting judicial separation when not sought.
The court established that mental cruelty, evidenced by the respondent's behavior, justified the dissolution of marriage under Section 13(1)(ia) of the Hindu Marriage Act.
Unsubstantiated allegations of sexual harassment by a spouse can amount to mental cruelty, thus justifying divorce under the Hindu Marriage Act.
The main legal point established is that the conduct amounting to cruelty, as defined under Section 13(1)(i-a) of the Hindu Marriage Act, can lead to the dissolution of marriage, especially when the ....
The main legal point established in the judgment is the requirement for specific and substantiated instances of cruelty and desertion to support claims under Section 13(1)(ia) (ib) of the Hindu Marri....
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....
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