M.Lakshmi v. D.Kumar
Case brief
What is this about?
This Second Appeal against a divorce decree allows the appeal. The court held that a final order of restitution of conjugal rights bars a subsequent divorce petition on grounds of cruelty by the former husband. Separation alone was insufficient to prove cruelty.
What did the court decide?
The appeal is allowed; the judgment dated 20.09.2017 granting divorce is set aside; the judgment dated 17.11.2015 dismissing the divorce petition is confirmed.
What the court decided
C.M.S.A(MD)No.7 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on : 12.10.2023
Delivered on : 31.10.2023
CORAM
THE HONOURABLE MR. JUSTICE K.MURALI SHANKAR
C.M.S.A.(MD)No.7 of 2019 and C.M.P(MD)No.1575 of 2019
M.Lakshmi : Appellant/Respondent/Respondent
Vs. D.Kumar : Respondent/Appellant/Petitioner
Prayer : This Civil Miscellaneous Second Appeal is filed under Section 28 of Hindu Marriage Act r/w Section 100 of C.P.C, as against the judgment and decree, dated 20.09.2017 in C.M.A.No.5 of 2016 on the file of the I Additional District Judge, Madurai, reversing the judgment and decree in H.M.O.P. No.186 of 2010, dated 17.11.2015 on the file of the III Additional Sub Judge, Madurai.
For Appellant : Mr.K.Balasubramanian For Respondent : No Appearance
Issues for consideration
3 issues framed by the court
Whether a divorce application is maintainable when an order for restitution of conjugal rights is in force without challenge.
Whether mere separation constitutes cruelty sufficient for granting divorce under the Hindu Marriage Act.
Whether the appellate court was correct in granting divorce on grounds of cruelty without a sustained course of abusive treatment.
Parties & counsel
- appellant
M.Lakshmi
- respondent
D.Kumar
Coram
K.Murali Shankar
Case details
As recorded by the court registry
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