Allowed

A.Ayyandhurai,S/O.Abimannan v. Pavithra,D/O.Ramadass

Madras HC1 Mar 2019CMA/2674/2016

Case brief

AI extract

What is this about?

On appeal against a Family Court order dismissing a divorce petition for cruelty, the High Court held that a wife's refusal to cohabit and consummate the marriage, combined with admission of lack of willingness to rejoin, constitutes mental cruelty warranting a decree of divorce.

What did the court decide?

The appeal was allowed, the order of the Family Court below was set aside, and a decree of divorce was granted to the appellant.

A.Ayyandhurai,S/O.Abimannan Vs Pavithra,D/O.Ramadass — Matrimonial and Divorce | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 01.03.2019

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CORAM:

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THE HONOURABLE MR. JUSTICE M.M. SUNDRESH AND THE HONOURABLE MR. JUSTICE C.SARAVANAN

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C.M.A. No. 2674 of 2016

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A.Ayyandhurai ...Appellant
Vs.
Pavithra ... Respondent
Prayer : Appeal filed under Section 19(1) of the Family Courts
Act, 1984 against the order in F.C.H.M.O.P.No.86 of 2016 dated
22.10.2016 on the file of the Family Court, Dharmapuri.
For Appellant : Mr.A.Sakthivel
For Respondent : No appearance
JUDGMENT
(Delivered by M.M.Sundresh,J.)

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Heard the learned counsel appearing for the appellant. Despite service of notice, none appeared on behalf of the respondent.

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The appellant is the husband. The petition for divorce has been filed on the ground of cruelty. It is, inter alia, alleged in the petition that the respondent has refused to cohabitate and she was in relationship with some other person.

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Before the Family Court, the appellant has examined himself as PW1 and marked Exs.P1-P3. The respondent was set exparte. The Court below dismissed the petition filed on the ground that no case has been made out for desertion. It is a case where the appellant has specifically averred that she was not willing for co-habitation and thus refused to consummate the marriage. The further allegation is with respect to adultery.

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https://hcservices.ecourts.gov.in/hcservices/

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The Court below has misdirected itself in holding that the mere failure of the respondent in joining the appellant cannot be construed as a mental cruelty.

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It appears that the respondent is not willing to rejoin with the appellant. The averments made are neither denied or disputed. The appellant has also gone into the box and deposed in tune with the averments made. In such view of the matter, we are of the view that the order of the Family Court is to be interfered with.

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Accordingly, the order of the Court below is set aside and the appeal stands allowed. There shall be a decree of divorce as prayed for by the appellant. No costs.

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Sd/-
Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
To:
The Judge,
Family Court,Dharmapuri
C.M.A. No. 2674 of 2016
CNR(CO)
CSL/17.05.2019

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https://hcservices.ecourts.gov.in/hcservices/

A.Ayyandhurai,S/O.Abimannan v. Pavithra,D/O.Ramadass

Case brief

What is this about?

What did the court decide?

A.Ayyandhurai,S/O.Abimannan v. Pavithra,D/O.Ramadass

Case brief

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What did the court decide?

What the court decided

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