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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.R.SWAMINATHAN, R.POORNIMA, JJ
Mathivanan – Appellant
Versus
Jegatha – Respondent
ORDER :
Mathivanan, the appellant herein got married to the first respondent Jegatha on 02.09.2013 as per Hindu rites and customs. No child was born through the wedlock. The relationship between them had come under strain. The appellant filed HMOP No.24 of 2018 on the file of the II Additional Sub Court, Nagercoil seeking divorce on the ground of cruelty and adultery. The appellant herein had arrayed one Sudharshan as the alleged adulterer. The HMOP was transferred to Family Court, Kanyakumari at Nagercoil and renumbered as HMOP No.7 of 2018. The appellant examined himself as PW.1. One Govindarajan was examined as PW.2. Exs.P1 to P5 were marked. Jegatha examined herself as RW.1. After considering the evidence on record, the trial court dismissed the petition. Challenging the same, this civil miscellaneous appeal has been filed.
2.The learned counsel appearing for the appellant submitted that the parties have been residing separately for more than nine years. The relationship has irretrievably broken down. The long period of separation by itself should be deemed to constitute cruelty. He relied on the decision of the Hon'ble Supreme Court reported in 2023 SCC OnLine SC 497 (Rakesh Ram
Clear evidence is required to prove adultery in divorce cases; mere suspicion is insufficient for granting relief.
Divorce grounds of adultery require high probability proof beyond suspicion; cruelty must be grave causing cohabitation impossibility; desertion needs two-year separation preceding petition. Absent p....
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....
The burden of proof for claims of cruelty in divorce proceedings lies with the accusing party, and unsubstantiated allegations do not suffice for judicial separation.
It is sufficient if conduct and behaviour of one spouse towards other is of such a nature that it causes reasonable apprehension in mind of latter that it is not safe for him/her to continue marital ....
The court held that allegations of cruelty and adultery must be substantiated with credible evidence; mere allegations are insufficient for obtaining a divorce decree.
Point of law : 23. (b) Where the ground of petition is ground specified in clause (i) of sub-section (1) of section 13, petitioner has not in any manner been accessory to or connived at or condoned a....
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.
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