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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
P.Velmurugan, K.K.Ramakrishnan
Amirtharaj – Appellant
Versus
Grasili Jebarathinam – Respondent
Headnote: Read headnote
P. VELMURUGAN, J.
This Civil Miscellaneous Appeal is directed against the judgment and decree made in I.D.O.P.No.1 of 2016, dated 26.4.2018, on the file of Family Court, Srivilliputhur.
2. The husband had filed the above I.D.O.P for divorce under Sections 10(1)(i)(x) and 11(b) of the Indian DIVORCE ACT on the ground of adultery and cruelty. The brief facts of the case is that the marriage between the appellant and respondent was solemnized on 18.10.2012 at C.S.I.Church, Rajapalayam and thereafter, they lived together as husband and wife at Watrap Village and whileso, the respondent left the matrimonial home without any information and that there was no contact from the respondent and thereafter the parents of the respondent has given an assurance that they would bring the respondent to the matrimonial home and as they have failed to do it, the appellant went to Kerala in the year 2014 to bring the respondent to matrimonial home. The
Non-joinder of an adulterer is not fatal to a divorce case under the Indian Divorce Act if their identity is unknown, and DNA evidence can substantiate claims of adultery.
The presumption of legitimacy under Section 112 of the Evidence Act is not easily rebutted and can only be dislodged by establishing a strong prima facie case. Refusal to undergo a D.N.A. test for th....
A divorce petition can proceed without adding an alleged adulterer as a party unless the decree specifically seeks to address adultery as a ground for divorce.
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.
The absence of a Section 65B certificate does not invalidate electronic evidence in family law proceedings; personal marital disputes are exempt from conventional evidentiary restrictions.
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