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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MRS.JUSTICE J.NISHA BANU, MR.JUSTICE R.SAKTHIVEL, JJ
K.Karthikeyan, S/o.Kanthsamy Rep. by his Power Agent T.Kanthasamy S/o.Thangamuthu – Appellant
Versus
S.Yamini @ Yamini Somasundaram – Respondent
| Table of Content |
|---|
| 1. marriage solemnized and issues (Para 2 , 3 , 4 , 5 , 6 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 2. appellant's claims of cruelty (Para 7) |
| 3. prolonged separation and cruelty (Para 19) |
| 4. dissolution of marriage and alimony (Para 20) |
JUDGMENT :
J. Nisha Banu, J.
This Civil Miscellaneous Appeal has been filed, seeking to set aside the judgment and decree dated 15.03.2017 made in H.M.O.P.No.269 of 2015 by the Family Court, Erode, in and by which, the Family Court had refused to dissolve the marriage held between the appellant and the respondent herein.
Facts of the case in nutshell as put forth by the appellant:
2. The marriage between the appellant and the respondent was solemnized on 11.09.2011 as per Hindu rites and customs in Thalaiya Nallur Ponkaliyamman Temple at Sivagiri and the expenses for the marriage was equally shared by both families. Both the appellant and the respondent had initially led the family life in the native place of the appellant and thereafter, for employment purpose, the appellant moved to Bangalore along with his wife, where their family life ran into rough weather. There were frequent quarrels taken place between them, as a result o
Prolonged separation and proven cruelty can justify the dissolution of marriage under the Hindu Marriage Act, despite the absence of restitution of conjugal rights.
The main legal point established in the judgment is the recognition of irretrievable breakdown of marriage as a ground for granting divorce under the Hindu Marriage Act, 1955.
Mental cruelty can lead to irretrievable breakdown of a marriage, and long periods of separation can amount to cruelty under Section 13 (1)(ia) of the Hindu Marriage Act.
A decree of divorce under the Hindu Marriage Act requires substantial evidence of cruelty or desertion, which must not rely solely on allegations, while recognizing irretrievable breakdown as a basis....
The main legal point established in the judgment is that the ground of desertion was not available to the appellant as the parties resided together till the filing of the petition, and the alleged cr....
The court established that a long separation and refusal to cohabit amount to mental cruelty, justifying the dissolution of marriage under the Hindu Marriage Act.
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