IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VADAMALAI
Valliammal, W/o. Chelladurai – Appellant
Versus
A. Chelladurai, S/o. Late. Arunachala Konar – Respondent
| Table of Content |
|---|
| 1. procedural history and statement of facts regarding matrimonial discord. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. contentions regarding condonation of delay, burden of proof on cruelty, and limits of judicial power. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 3. defamatory complaints and removal of thali constitute mental cruelty. (Para 17 , 18 , 19 , 20 , 21) |
| 4. long-term separation without effort for restitution constitutes mental cruelty warranting divorce. (Para 22 , 23 , 24) |
JUDGMENT :
P. VADAMALAI, J.
1.This Civil Miscellaneous Second Appeal is preferred against the judgment and decree, dated 04.09.2019 passed in C.M.A.No.53 of 2018 on the file of the Additional District and Sessions Judge/Fast Track Court, Tenkasi, confirming the judgment and decree, dated 04.12.2017 passed in H.M.O.P.No.157 of 2014 on the file of the Principal Subordinate Court, Tenkasi.
2.The appellant is the respondent/wife in H.M.O.P.No.157 of 2014 on the file of the Principal Subordinate Court, Tenkasi.
3. For the sake of convenience, the parties are referred to as petitioner and respondent in H.M.O.P.No.157 of 2014 on the file of the Principal Subordinate Court, Tenkasi.
4. Brief facts of the



Persistent, unproven, defamatory accusations against a spouse to professional superiors causing reputational damage constitutes mental cruelty. When combined with long-term separation and the symboli....
The main legal point established is that the conduct amounting to mental cruelty, as defined under the Hindu Marriage Act, can lead to the grant of divorce.
The main legal point established in the judgment is that allegations of mental cruelty and adultery must be proven, and divorce cannot be granted on the ground of irretrievable break-down of marriage....
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....
Divorce – Cruelty includes mental cruelty and it need not be physical – In some cases even very conduct complained of itself is sufficient to infer mental cruelty and impact of injury caused by offen....
Conduct constituting unfounded accusations can constitute mental cruelty and justify divorce when the marriage is irretrievably broken.
The main legal point established in the judgment is that false accusations, defamatory publications, and complaints to the employer can constitute mental cruelty under the Hindu Marriage Act, leading....
Cruelty as a ground for divorce under the Hindu Marriage Act requires substantial proof, which was not established in this case.
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.