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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.SURESH KUMAR, A.D.MARIA CLETE
U. Sridhar – Appellant
Versus
S. Yamini – Respondent
| Table of Content |
|---|
| 1. initial facts of the case and actions taken. (Para 1 , 2 , 3) |
| 2. court's observations about evidence and behavior. (Para 4 , 6 , 10 , 11 , 12) |
| 3. arguments presented by both parties regarding cruelty. (Para 5 , 9) |
| 4. ruling on mental cruelty and marital breakdown. (Para 13 , 14) |
| 5. final decision regarding appeals and amendments. (Para 16 , 17) |
JUDGMENT :
1. 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.
3. Upon full-fledged trial, the Family Court held that the allegations of cruelty and desertion were not proved to the required standard, nor was the wife entitled to restitution. However, on the premise that the relationship between the parties had deteriorated, the Family Court, invoking its discretionary p
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