V.M.VELUMANI, S.SOUNTHAR
C. Sivakumar – Appellant
Versus
A. Srividhya – Respondent
JUDGMENT
S. Sounthar, J.—Aggrieved by an order dismissing the petition for divorce filed on the ground of cruelty by appellant/husband the present appeal is filed.
2. The appellant/husband sought for divorce on the ground of cruelty in H.M.O.P.No.604 of 2014, on the file of the Family Court, Erode. According to him the marriage with the respondent took place on 10.11.2008. At the time of marriage he was working as a Lecturer in Vivekanandha Medical College and the respondent/wife was working as a Teacher in Government School. They lived together for 2 and 1/2 years in the parental home of the appellant and out of wedlock a female child Sreedhanya was born. According to appellant, the respondent/wife developed suspicion about the appellant’s conduct and character and humiliated him by connecting him with his female colleagues. A false complaint was preferred by respondent/wife against appellant/husband before Thiruchengodu All Women Police Station, and the same was marked as Ex.P.2 and thereafter on advise by the police both the parties set up nucleus family in the first floor of appellant’s parental home. The appellant/husband also averred in his petition that the respondent/wife w
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....
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.
Mental cruelty, as defined under Hindu Marriage Act, can irreparably damage the trust and respect in marriage, providing sufficient grounds for divorce even without physical violence.
Divorce – Cruelty may be mental or physical – It may be intentional or unintentional – It is a matter of inference to be drawn by considering nature of conduct and its effect on complaining spouse.
Matrimonial Dispute - Definition of cruelty - Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either husband or wife, be dissolved by a ....
The main legal point established in the judgment is the application of the concept of mental cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, and the consideration of irretrievable b....
Cruelty as a ground for divorce under the Hindu Marriage Act requires substantial proof, which was not established in this case.
Cruelty under the Hindu Marriage Act encompasses both physical and mental aspects, assessed on a preponderance of evidence standard.
Cruelty in matrimonial law encompasses both physical and mental aspects, with the latter requiring a cumulative assessment of conduct that causes reasonable apprehension of harm to the aggrieved spou....
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