Husband appealed against a decree of divorce granted to his wife on grounds of cruelty and desertion, contending cruelty was unproved and that a restitution of conjugal rights decree preceded the divorce. The Division Bench found no infirmity in the Family Court's findings and dismissed the appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.M.A.No.1304 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.06.2024
CORAM
THE HONONOURABLE MRS. JUSTICE J.NISHA BANU AND THE HONONOURABLE MR. JUSTICE P.DHANABAL
C.M.A.No.1304 of 2024
R.Prabakaran S/o Rangasamy
... Appellant
Vs.
Revathi, D/o Pandurajan
...Respondent
Civil Miscellaneous Appeal filed under Section 28 of the Hindu Marriage Act read with Section 19 of the Family Court Act against the judgment and decree of the Court of Family Judge, Tiruppur dated 31.10.2023 made in H.M.O.P.No.375/2020, thereby dissolving the marriage solemnized on 03.09.3008 at B.Pallipatti Mandapam Pappireddypatti Village,Dharmapuri District.
For Appellant : Mr.P.M.Jayachandran
J U D G M E N T
(The Judgement of the Court was delivered by J.Nisha Banu,J.) This Civil Miscellaneous Appeal has been filed as against the
judgment and decree of the Court of Family Judge, Tiruppur, dated
31.10.2023 made in H.M.O.P.No.375/2020, thereby dissolving the https://www.mhc.tn.gov.in/judis Page 1/6
C.M.A.No.1304 of 2024
marriage solemnized on 03.09.2008 at B.Pallipatti Mandapam Pappireddypatti Village, Dharmapuri District.
i) The respondent/wife was working as a Teacher. She left the
matrimonial home suddenly and was living along with her parents. Inspite of mediation and conciliations, the respondent failed to come back to matrimonial home. The respondent is the sister's daughter of the appellant, therefore, to safeguard the relationship and the family customs and principles, the appellant filed HMOP.No.58 of 2018 before he Subordinate Court, Harur, for restitution of conjugal rights and the same was granted by the Subordinate Judge at Harur on 11.08.2022.
ii) The appellant came to know that the respondent is living with another man either by marrying him or by following live-in relationship and gave birth to two children which is clear violation of Section 5 of the Hindu Marriage Act. The respondent also filed a divorce petition before the Family Court at Tiruppur on the ground of cruelty and desertion. The respondent made bald and wild allegations against the appellant without iota of evidence. The appellant contested the divorce proceedings and produced all the requisite documents to prove his case but unfortunately,
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C.M.A.No.1304 of 2024
the trial Court granted divorce on 31.10.2023. Hence the present appeal.
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Bangalore, once in a year, the appellant used to come under the influence of alcohol and beat the respondent. Considering all the above aspects, the trial Court granted decree of divorce in favour of the respondent. We are not inclined to interfere with the judgment and decree dated 31.10.2023 passed by the Family Judge, Tiruppur, as we find no infirmity or illegality in the judgment and decree passed by the lower Court.
No costs.
(J.N.B,J.) (P.D.B., J.) Index : Yes / No 10.06.2024 Internet : Yes vsi To
The Family Court, Tiruppur.
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C.M.A.No.1304 of 2024
J. NISHA BANU, J. and P.DHANABAL,J.
vsi
C.M.A.No.1304 of 2024
10.06.2024
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1 issue framed by the court
Whether the Family Court erred in granting divorce on grounds of cruelty and desertion when cruelty was allegedly not proved.
3 provisions across 2 enactments
R.Prabakaran S/o Rangasamy
Revathi, D/o Pandurajan
J.Nisha Banu
P.Dhanabal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
