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IN THE HIGH COURT OF JUDICATURE AT MADRAS
J.Nisha Banu, R.Sakthivel
V.Rajesh – Appellant
Versus
S.Anupriya – Respondent
| Table of Content |
|---|
| 1. marriage and initial disputes (Para 1 , 2) |
| 2. allegations of cruelty and defense (Para 3 , 4) |
| 3. family court's assessment of evidence (Para 5 , 9 , 10 , 19) |
| 4. arguments on cruelty and legal status (Para 7 , 8 , 18) |
| 5. unsubstantiated allegations can amount to cruelty. (Para 11 , 12 , 15) |
| 6. court's decision on divorce and maintenance (Para 20 , 21 , 22) |
JUDGMENT :
R. SAKTHIVEL, J.
Rajesh and Anupriya are husband and wife, whose marriage was solemnized on September 16, 2015. They were blessed with a male child, namely Vignesh, on July 27, 2016. Some disputes shot up between the couple and hence the husband filed a petition on October 4, 2017 under Section 13 (1) (i-a) of ‘ HINDU MARRIAGE ACT , 1955’ [‘H.M. Act’ for short] seeking divorce before the Family Court, Chengalpattu and the same was taken on file in F.C.O.P. No.155 of 2017. Thereafter, as per the Order passed by this Court in Tr.C.M.P. No.975 of 2017 dated March 6, 2018, the case in F.C.O.P. No.155 of 2017 was transferred to Sub Court, Tambaram and renumbered as H.M.O.P. No.348 of 2018. Again as per the Order of this Court dated March 29, 2021 made in Tr.C.M.P. No.120 of 2021, the matter was transferred to Pr
Unsubstantiated allegations of sexual harassment by a spouse can amount to mental cruelty, thus justifying divorce under the Hindu Marriage Act.
Normal marital disagreements and the presence of in-laws do not constitute mental cruelty sufficient for divorce. The petitioner did not provide adequate evidence to support claims.
Minor disputes in marriage do not constitute cruelty; both parties must share responsibility for marital issues, and prolonged separation indicates irretrievable breakdown.
A divorce decree under the Hindu Marriage Act requires specific findings on cruelty; reliance on 'irretrievable breakdown' is not a valid ground.
Long separation and failure to perform marital duties can constitute grounds for divorce under the Hindu Marriage Act.
(1) Divorce – Temperamental differences between spouses could be resolved over time and should not be used as grounds for divorce.(2) Initiation of D.V. case and M.C case should not be held as cruelt....
Trivial disputes between spouses do not constitute cruelty under the Hindu Marriage Act, and the burden of proof lies on the party alleging such cruelty.
The main legal point established in the judgment is that mental cruelty, as a ground for dissolution of marriage, need not cause injury to the petitioner's health, and it must be of such a nature tha....
The main legal point established is that prolonged separation, false accusations, and reluctance for sexual relations can constitute cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.
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