V.Mageshkumar v. Elcy
Case brief
What is this about?
This court allowed the civil miscellaneous appeal and granted the divorce decree. The High Court held that corroboration is not mandatory if the appellant is credible and that the respondent's conduct, including insults and desertion, amounted to cruelty sufficient for dissolution of marriage.
What did the court decide?
The judgment of the Principal District Court dismissing the divorce petition is set aside; the civil miscellaneous appeal is allowed and the relief of divorce is granted.
What the court decided
C.M.A.No.920 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 01.09.2023
CORAM
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
C.M.A.No.920 of 2023
V.Mageshkumar ... Appellant
Vs
ELCY
... Respondent
Prayer: Civil Miscellaneous Appeal has been filed under Section 55 of the Indian Divorce Act, against the judgment and decree dated 11.10.2022 made in I.D.O.P.No.49 of 2022 on the file of the Principal District Court, Tiruppur.
For Appellant : Mr.R.Prabakar
for Mr.K.Naveen Kumar
Issues for consideration
2 issues framed by the court
Whether the trial court erred in dismissing the divorce petition due to lack of independent corroboration when the appellant was the sole witness.
Whether the alleged conduct by the respondent, including insults, rejection of conjugal relation, and living separately, constitutes cruelty under Section 10(1)(x) of the Indian Divorce Act.
Parties & counsel
- appellant
V.Mageshkumar
- respondent
ELCY
Coram
SUNDER MOHAN
Case details
As recorded by the court registry
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