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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI - J
S.Gunasekaran – Appellant
Versus
E.Hemalatha – Respondent
JUDGMENT :
M.Dhandapani, J.
The present appeal is directed against the order of the learned Addl. District Judge, Fast Track Court, Kancheepuram, in CMA No.1/2016, in and by which the rejection of the divorce sought for by the appellant in HMOP No.102/2016 by the learned Subordinate Judge, Kancheepuram, was confirmed.
2. In The brief facts of the case, as averred by the appellant seeking divorce, which are necessary for the disposal of this appeal are as under :-
The marriage between the appellant and the respondent was solemnised on 13.11.2005 at Kanchipuram and that they were leading a happy life and during the said period, the respondent went to her parent’s house for giving birth to their female child. Thereafter on return, the petitioner and the respondent were living separately at Kanchipuram. Since the return of the respondent from her matrimonial home after child birth, the respondent had been causing mental agony to the petitioner and had been making false allegation against the petitioner alleging that he was having illicit relationship with another woman. The petitioner lived with the respondent in her parent’s house and that the respondent took all the jewels and articles,
The appeal was dismissed due to insufficient evidence of cruelty and desertion by the respondent.
Desertion and mental cruelty in divorce proceedings require substantiation of claims; unproven allegations can constitute mental cruelty.
The court emphasized that allegations of cruelty must be substantiated with specific evidence, and general claims are insufficient for divorce under the Hindu Marriage Act.
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.
The evidence must support the grounds for divorce, and the failure to seek restitution of conjugal rights despite the other party's willingness to reconcile may impact the validity of a divorce petit....
The court established that mental cruelty and desertion were proven through unrefuted evidence, justifying the dissolution of marriage under Hindu Marriage Act, 1955.
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....
For a decree of divorce under cruelty or desertion, credible evidence substantiating these claims is essential. The court found no such evidence and upheld the Family Court's decision.
Divorce on cruelty and desertion grounds requires cogent evidence proving grave conduct and animus deserendi; appellate court upholds trial dismissal absent perversity in reasoned findings based on p....
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