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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.R.Swaminathan, R.Poornima, JJ
P.Sakthivel – Appellant
Versus
S.Dhanalakshmi – Respondent
JUDGMENT :
R.POORNIMA, J.
The appellant/petitioner/husband has filed this Civil Miscellaneous Appeal against the fair order and decreetal order dated 31.10.2022 passed in HMOP No.24 of 2022 by the Family Court, Karur
2. Brief case of the petition before the lower Court is as follows:
(a) The petitioner submits that the respondent is the legally wedded wife of the petitioner. The marriage between the petitioner and the respondent was solemnized on 08.07.2001 in Konar Thirumana Mandabam, Thanthonimalai in Karur District, as per the customs prevailing in the Hindu Community and the marriage is still subsisting.
(b) The petitioner further stated that the marriage expenses have been equally borne by both the petitioner and respondent family. At the time of marriage, the petitioner provided 2 sovereigns gold for Mangalsutra and some gold jewels to the respondent. The respondent family provided some household articles and few gold ornaments to the petitioner, as per custom rituals for the marriage as seervarisai and the same is in the custody of the respondent.
(c) The petitioner further stated that after marriage, both were living in the matrimonial house for two years, after which they shifte
The court established that mental cruelty, evidenced by the respondent's behavior, justified the dissolution of marriage under Section 13(1)(ia) of the Hindu Marriage Act.
The main legal point established in the judgment is that the marriage bond can be considered broken irretrievably due to mental cruelty, loss of mutual trust and faith, and the refusal to share the b....
Divorce – Cruelty may be mental or physical – It may be intentional or unintentional – It is a matter of inference to be drawn by considering nature of conduct and its effect on complaining spouse.
To establish grounds for divorce under the Hindu Marriage Act, the conduct must amount to grave and weighty cruelty, which impacts the ability to continue marital life; ordinary disputes do not suffi....
The court established that in divorce proceedings under the Hindu Marriage Act, the absence of the respondent and credible allegations of cruelty justify the dissolution of marriage, applying a stand....
Point of Law : Divorce - A long time separation itself would lead to mental cruelty. Therefore, irrespective of the findings of the lower Court on the failure of the appellant to prove mental cruelty....
Cruelty in matrimonial law encompasses both physical and mental aspects, with the latter requiring a cumulative assessment of conduct that causes reasonable apprehension of harm to the aggrieved spou....
The court affirmed that the evidence of persistent cruelty justified the dissolution of marriage under Section 13(1)(ia) of the Hindu Marriage Act, establishing a clear breakdown of the marital relat....
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