BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
P.VELMURUGAN, R.POORNIMA
Muthunachiar – Appellant
Versus
Muthuraja – Respondent
JUDGMENT :
R.POORNIMA, J.
This Civil Miscellaneous Appeal is filed against the order and decretal order dated 31.01.2020 made in HMOP No.111 of 2014 on the file of the Family Court, Virudhunagar District at Srivilliputtur.
2.Brief case of the petition before the lower Court is as follows:
(i) The appellant / respondent is the wife and the respondent/petitioner is the husband. The marriage between the petitioner and the respondent was solemnized, on 25.06.2004 at Sivakasi Sri Karukkuvel Ayyanar Kovil Thirumana Mandapam, according to Hindu Customs and Rites. After marriage, the couple resided in the matrimonial home of the petitioner as a joint family.
(ii) Immediately after the marriage, the respondent had a quarrel with the petitioner. The respondent insisted for separate residence and she also quarrel with her mother-in-law and father-in-law by using abusive words.
(iii) Within a month of marriage, the petitioner aware of the respondent's cruel nature, separated from his parents and lived separately in Sivakasi. Even while living separately, the respondent abused and physically assaulted the petitioner and spoke to him in humiliating words.
(iv) The petitioner, therefore, went to Asilapu
The main legal point established in the judgment is the proof of cruelty and desertion under Section 13 (1) (ia) & (ib) of the Hindu Marriage Act, 1955.
The evidence presented must substantiate the claims of cruelty in a divorce case, and unsupported claims may lead to dismissal.
The evidence must support the grounds for divorce, and the failure to seek restitution of conjugal rights despite the other party's willingness to reconcile may impact the validity of a divorce petit....
The court held that the divorce petition lacked sufficient evidence of mental cruelty and desertion, and that the litigation initiated by the wife for the protection of her rights could not be consid....
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