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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dr.Justice G.Jayachandran, Ms. Justice R.Poornima, JJ
John Ruban – Appellant
Versus
Philominal – Respondent
JUDGMENT :
G. JAYACHANDRAN, J.
1. The appellant, being aggrieved by the dismissal of his divorce petition by the Family Court, Dindigul is before this Court to set aside the dismissal order and to grant divorce.
2. The appellant and first respondent belongs to Christianity.Their marriage was solemnized as per Christian rites and customs on 1.12.2016. A child was born to the first respondent on 20.09.2017. Even before that, the appellant had knocked the doors of the Court by filing a petition under Section 10(1)(x) of Indian Divorce Act on the ground of cruelty and adutlery. The second respondent is the named adulteror. According to the appellant, the first respondent had affair with the second respondent even before the marriage. Soon after the marriage, within few days, she left the matrimonial home and went to her parental house and continued the affair with the second respondent. This was brought to the notice of the Village Panchayat and on their advise, the first respondent joined the appellant for a brief period. She gave birth to a male child on 20.09.2017 and remain at her parental house. The appellant had made allegations against the first respondent that she had been torturi
Long separation and refusal to cohabit constitute cruelty under the Indian Divorce Act, allowing for divorce without proving adultery post-2019 amendment.
Clear evidence is required to prove adultery in divorce cases; mere suspicion is insufficient for granting relief.
The uncontroverted testimony of a party can be accepted as evidence, and a presumption can be made in favor of the other party when they do not testify.
The appellant must provide credible evidence for claims of cruelty and adultery for a divorce to be granted, as mere allegations without proof do not meet legal standards.
The inability to prove claims of cruelty and the unrecognized ground of irretrievable breakdown of marriage lead to the dismissal of the divorce appeal.
The court held that allegations of cruelty and adultery must be substantiated with credible evidence; mere allegations are insufficient for obtaining a divorce decree.
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