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R. SURESH KUMAR, A. D. MARIA CLETE
U. Sridhar – Appellant
Versus
S. Yamini – Respondent
JUDGMENT (COMMON)
Dr. A.D. Maria Clete, J.—This Civil Miscellaneous Appeals are filed by the husband who is petitioner in divorce petition challenging the common order dated 23.02.2021 passed by the Additional Family Court, Coimbatore in H.M.O.P. No. 423 of 2013 seeking divorce on the ground of cruelty, and H.M.O.P. No. 1228 of 2014 filed by the wife for restitution of conjugal rights. The Family Court negatived the prayers made in both petitions and instead granted a decree for judicial separation by invoking section 13A of the Hindu Marriage Act 1955.
2. The Case in brief: The marriage between the appellant (husband) and the respondent (wife) was solemnized on 06.06.2011. It was the second marriage for both parties. The appellant/husband filed H.M.O.P. No. 423 of 2013 seeking divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955 on the ground of cruelty, detailing various instances of mental and physical cruelty, including false accusations, constant quarrels, humiliation in the presence of others, and unfounded allegations that affected his dignity and peace of mind. The respondent/wife, on the other hand, filed H.M.O.P. No. 1228 of 2014 seeking restitution of conjugal
Divorce – Although irretrievable breakdown of marriage is not a separately enumerated ground under the Act, prolonged separation of over 14 years between parties is a significant factor that cannot b....
Normal marital disagreements and the presence of in-laws do not constitute mental cruelty sufficient for divorce. The petitioner did not provide adequate evidence to support claims.
The court affirmed that without established evidence of cruelty, a decree of divorce cannot be granted, highlighting the necessity of proving such allegations for marital dissolution.
The main legal point established in the judgment is the concept of irretrievable breakdown of marriage as a weighty circumstance necessitating the severance of marital ties.
The court affirmed that without proven cruelty or desertion, a divorce application under Section 13 of the Hindu Marriage Act is likely to be rejected in favor of restitution of conjugal rights under....
Divorce – Cruelty by husband – Compelling wife to discontinue her studies or creating such an atmosphere that she is put in a position not to continue her studies is equivalent to destroy her dreams ....
The behavior of a spouse resulting in mental cruelty can justify the grant of divorce under Section 10(1)(x) of the Divorce Act, 1869.
Unsubstantiated allegations of sexual harassment by a spouse can amount to mental cruelty, thus justifying divorce under the Hindu Marriage Act.
Long separation and failure to perform marital duties can constitute grounds for divorce under the Hindu Marriage Act.
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