Strict proof is required for divorce claims based on venereal disease and cruelty must be directed towards the petitioner under the Hindu Marriage Act.

ORDER :

1. The marriage between Santhanakrishnan and Nirmala was solemnized on 01.07.2018 at Arulmighu Pasupatheeswara Temple, Karur as per Hindu rites and customs. No child was born through the wedlock. The parties are remaining separate since 09.12.2020. Seeking restitution of conjugal rights, Nirmala filed H.M.O.P No.29 of 2021 before the Sub Court, Karur. It was later transferred to the Family Court, Karur and re-numbered as H.M.O.P.No.445 of 2023. Santhanakrishnan had filed H.M.O.P.No.400 of 2021 before the Family Court, Coimbatore. It was later transferred to the Principal Sub Court, Karur and re-numbered as H.M.O.P.No.138 of 2022 and again, transferred to the Family Court, Karur and re-numbered as H.M.O.P.No. 443 of 2023. Both the H.M.O.Ps were tried together. Santhanakrishnan examined himself as P.W.1. Ex.P1 to Ex.P13 were marked on his side. Nirmala examined herself as R.W.1. Ex.R1 to Ex.R4 were marked on her side. After consideration of the evidence on record, the Family Judge, Karur allowed H.M.O.P.No.445 of 2023 and dismissed H.M.O.P.No.443 of 2023 vide common order dated 06.02.2024. Challenging the same, these civil miscellaneous appeals have been filed. C.M.A.(MD)No.460 of 2024 is directed against the order made in H.M.O.P.No.443 of 2023. C.M.A.(MD)No.1515 of 2024 is directed against the order made in H.M.O.P.No.445 of 2023.

2. The learned counsel appearing for the appellant / husband reiterated all the contentions set out in the memoranda of grounds of appeals. He pointed out that the evidence on record would lead one to the irresistible conclusion that the grounds projected in the divorce petition are well founded. He also added that the relationship between the parties has irretrievably broken down and that no purpose will be served in keeping the marital relationship alive. He relied on the decision rendered in C.M.S.A. No. 40 of 2008 (Ravi Kumar Vs. Malarvhizhi @ S. Kokila) in support of his contentions. He called upon this Court to set aside the impugned orders and allow these appeals.

3. Per contra, the learned counsel appearing for the respondent submitted that the impugned order is well reasoned and that it does not call for interference.

4. We carefully considered the rival contentions and went through the materials on record. For both the parties, the marriage that took place on 01.07.2018 was the beginning of their second innings. Their respective first marriages were dissolved through court of law. The appellant wants to dissolve the second marriage also. He has rested his case on two grounds. The first ground is that the respondent is suffering from venereal disease in a communicable form. The second ground is a more standard one. According to the appellant, the conduct of the respondent constituted cruelty.

5. Section 13(1)(v) of the Hindu Marriage Act, 1955 provides for dissolution of marriage by a decree of divorce on the ground that the other party has been suffering from venereal disease in a communicable form. Alleging that the other spouse is suffering from venereal disease casts serious stigma. Therefore, in the very nature of things, strict proof of this allegation would be required. Section 13(1) of the Hindu Marriage Act, 1955 has set out as many as seven grounds on which divorce can be sought either by the husband or the wife. We are of the view that the ground of adultery and the ground that the other party is suffering from venereal disease in a communicable form can be said to have been established only if they meet a higher threshold. As regards the ground under Section 13(1)(v), we tend to take the view that the fact that the other party is suffering from the particular affliction is not sufficient by itself to grant divorce. The other party must be given opportunity to show that his or her condition is not an outcome of a morally deviant conduct but is due to some circumstance beyond his or her control. Two instances can be recalled. A few years ago, a lady had gone for pregnancy check