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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
P.Velmurugan, K.K.Ramakrishnan
Amirtharaj – Appellant
Versus
Grasili Jebarathinam – Respondent
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 parents of the respondent convince him and in the month of March 2014, the respondent voluntarily came to the house of the appellant and lived with him. Thereafter they lived as husband and wife and at that point of time, the respondent informed
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.
Petition filed by the husband seeking dissolution of marriage alleging adultery or infidelity on the part of the wife disputing the paternity of the child born during the subsistence of their marriag....
Clear evidence is required to prove adultery in divorce cases; mere suspicion is insufficient for granting relief.
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....
Long separation and refusal to cohabit constitute cruelty under the Indian Divorce Act, allowing for divorce without proving adultery post-2019 amendment.
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.
Established grounds for divorce include corroborative evidence of adultery and desertion, which override claims of coercion regarding marriage agreements.
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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