IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.KALAMATHI, J
Petitioner – Appellant
Versus
Respondent – Respondent
| Table of Content |
|---|
| 1. factual background and parties' contentions (Para 1 , 2 , 3 , 4 , 5 , 6 , 8 , 9 , 10 , 11 , 12) |
| 2. family court’s findings on cruelty and dismissal of husband's petition (Para 7) |
| 3. legal standards of proof and concept of cruelty in matrimonial law (Para 13 , 14) |
| 4. court's analysis on evidence and interpretation of cruelty in given facts (Para 15 , 16 , 17 , 18 , 19) |
(Judgment of the Court was made by R.KALAMATHI.,J)
CM.A.No.3566 of 2021 has been preferred against the Order, dated 16.09.2021 made in H.M.O.P.No.86 of 2014 filed by the wife under Section 13(1)(i-a) of the Hindu Marriage Act,1955 for an order of divorce on the ground of cruelty. Whereas H.M.O.P.No.35 of 2015 has been preferred by the husband for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955.
2.For easy reference, the wife is referred to as the Petitioner and the husband is referred to as the respondent in the judgment.
3.The facts set out in Petition in H.M.O.P.No.86 of 2014 and counter in H.M.O.P.No.35 of 2015 are given in brief:
The marriage between the Petitioner and respondent was solemnized on 19.05.1999 at Sri Lakshmi Thirumana Maligai, Iyyappanthangal, Chennai-56 as
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