IN THE HIGH COURT OF JUDICATURE AT MADRAS
J.NISHA BANU, P.DHANABAL
Raja – Appellant
Versus
Gowri – Respondent
JUDGMENT :
P. DHANABAL, J.
1. Against the dismissal of the petition filed by the appellant herein for dissolution of marriage in F.C.H.M.O.P.No.100 of 2016 on the file of Family Court, Dharmapuri, the aggrieved husband has preferred the present Civil Miscellaneous Appeal before this Court.
2. Brief facts that are required for the disposal of this Appeal are as follows:-
2.1. The marriage between the appellant/ husband and respondent/wife was solemnised on 04.06.1998. After their marriage, the appellant being employed at Border Security Force, left for his job to Punjab. Out of the wedlock, the respondent gave birth to a child on 22.01.1999. It is averred in the affidavit that the respondent became indifferent and left the child with the parents of the appellant, thereby leading a wayward life.
2.2. Meanwhile, the appellant and the respondent shifted their placeof residence to Punjab, wherein the respondent had begotten her second child. Even during her stay at Punjab, she developed an illicit intimacy with one Perumal. Thereafter, the appellant was transferred to Kashmir, as a result of which, he left the respondent with his parents.
2.3. During the appellant's visit to his native place,
Long separation and absence of cohabitation between the parties have been interpreted as grounds for cruelty under the Hindu Marriage Act, establishing the basis for granting a divorce.
Long separation and absence of cohabitation constitute cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955, justifying divorce.
The main legal point established in the judgment is that the essence of marriage lies in cohabitation and conjugal relationship, and long periods of continuous separation and filing of false complain....
Cruelty and abandonment constitute valid grounds for divorce under the Hindu Marriage Act, where neglect and long separation are treated as factors leading to irreversible breakdown of the marriage.
Cruelty and desertion can serve as grounds for divorce when substantiated by evidence of persistent abusive behavior and long-term separation.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.