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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
L.Victoria Gowri, J
Anuradha – Appellant
Versus
Chockalingam – Respondent
JUDGMENT :
1. This Civil Miscellaneous Second Appeal has been preferred against the Judgment and decree of the learned 3rd Additional District Judge, Tirunelveli, dated 21.09.2016 in H.M.C.M.A.No.26 of 2015 by confirming the Judgment and Decree of the Subordinate Judge, Sankarankoil in H.M.O.P.No.44 of 2014 dated 14.07.2015.
2. For the sake of convenience, the parties are referred herein as per their rank before the Trial Court.
3. The petitioner is the wife and the respondent is the husband. The petitioner / wife filed a petition for divorce in H.M.O.P.No.44 of 2014 on the file of the Subordinate Judge's Court at Sankarankovil on the grounds of desertion and cruelty. The same came to be dismissed by the order of the said learned Trial Court on 14.07.2015. An appeal was preferred in H.M.C.M.A.No.26 of 2015 by the petitioner before the 3rd Additional District Judge's Court at Tirunelveli and the learned 1st Appellate Court found it unnecessary to interfere with the verdict of the learned Trial Court and dismissed the H.M.C.M.A.No.26 of 2015 on 21.09.2016. Challenging the same, the appellant is before me in this case.
4. The petitioner was earlier married and was divorced by mutual conse
Long separation and absence of cohabitation constitute cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955, justifying divorce.
The court established that filing false complaints and initiating proceedings with false allegations against the spouse and their family members can amount to mental cruelty, leading to the irreparab....
Long separation and absence of cohabitation between the parties have been interpreted as grounds for cruelty under the Hindu Marriage Act, establishing the basis for granting a divorce.
The main legal point established in the judgment is that a long period of continuous separation can amount to mental cruelty, justifying the grant of divorce under Section 13(1)(a) of the Hindu Marri....
The court held that the divorce petition lacked sufficient evidence of mental cruelty and desertion, and that the litigation initiated by the wife for the protection of her rights could not be consid....
Cruelty and abandonment constitute valid grounds for divorce under the Hindu Marriage Act, where neglect and long separation are treated as factors leading to irreversible breakdown of the marriage.
It is obligation of Court and all concerned that the marriage status should, as far as possible, as long as possible and whenever possible, be maintained, but when marriage is totally dead, in that e....
The appeal was dismissed due to insufficient evidence of cruelty and desertion by the respondent.
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