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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mrs Justice J. NISHA BANU, R. SAKTHIVEL
K. Gopalakrishnan – Appellant
Versus
Tamizh Elakkiya – Respondent
JUDGMENT :
J. NISHA BANU, J.
Both these Civil Miscellaneous Appeals have been directed against the Common fair and decreetal order dated 15.03.2022 passed in O.P.Nos.307 and 308 of 2020.
2. The learned Judge, Family Court, Perambalur, dismissed the Original Petition filed by the appellant/husband, which was filed for dissolution of the marriage under Section 13(1)(i-a)(i-b) of the HINDU MARRIAGE ACT , 1955 and allowed the Original petition filed by the respondent/wife seeking restitution of conjugal rights under Section 9 of the HINDU MARRIAGE ACT , 1955.
3. The case of the appellant/husband is that the marriage between the appellant and the respondent was solemnized on 01.06.2014. He is working as a doctor in Government hospital at Cuddalore. As a result of the wedlock, a girl child named Darshini was born on 27.06.2015. At the time of marriage, the respondent/wife's parents gave 75 sovereigns of gold jewellery to her. Also, made a deposit of Rs.7,00,000/- in his name and the appellant/husband gave the respondent/wife of about 5.5 sovereigns of gold jewellery and both of them were leading a happy life. Thereafter, several upheavals in the matrimony surfaced within few days. Later on
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.
Long separation and failure to perform marital duties can constitute grounds for divorce under the Hindu Marriage Act.
Normal marital disagreements and the presence of in-laws do not constitute mental cruelty sufficient for divorce. The petitioner did not provide adequate evidence to support claims.
Divorce – Although irretrievable breakdown of marriage is not a separately enumerated ground under the Act, prolonged separation of over 14 years between parties is a significant factor that cannot b....
The court affirmed that without proven cruelty or desertion, a divorce application under Section 13 of the Hindu Marriage Act is likely to be rejected in favor of restitution of conjugal rights under....
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.
Divorce – Cruelty by husband – Compelling wife to discontinue her studies or creating such an atmosphere that she is put in a position not to continue her studies is equivalent to destroy her dreams ....
Restitution of conjugal rights – Filing application for restitution of conjugal rights subsequent to filing of application for dissolution of marriage does not percolate a negative concept.
Mental cruelty can be established through conduct that forces a spouse to abandon their aspirations, justifying divorce under the Hindu Marriage Act.
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