Husband appealed a Family Court decree granting divorce to his wife on grounds of cruelty after allegations of non-maintenance and alcohol abuse. The High Court found the marriage irretrievably broken down given separation since 2015, confirmed the divorce decree on that ground, 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.44 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.11.2024
CORAM
THE HONOURABLE MRS. JUSTICE J.NISHA BANU and THE HONOURABLE MR. JUSTICE R.SAKTHIVEL
C.M.A.No.44 of 2023
S.Ravi
... Appellant
Vs.
R.Lakshmi
... Respondent
Prayer: The Civil Miscellaneous Appeal is filed under Section 19 of Family
Courts Act 1984 to set aside the order and decree dated 05.04.2022 passed in O.P.No.403 of 2017 by the learned III Additional Principal Judge, Family
Court, Chennai.
For Appellant : Mr.S.S.Swaminathan
For Respondent : Mr.G.Thangavel
JUDGMENT
(Judgment of the Court was delivered by J. Nisha Banu, J)
This appeal has been filed by the appellant/husband/respondent against
the fair and decreetal order dated 05.04.2022 passed in O.P.No.403 of 2017 by
the learned III Additional Principal Family Court, Chennai, wherein decree of
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C.M.A.No.44 of 2023
divorce has been granted as sought for by the wife, on the ground of cruelty. Hereinafter, for the sake of convenience, the parties will be denoted as per their array before the Trial court.
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C.M.A.No.44 of 2023
https://www.mhc.tn.gov.in/judis Page 3/6
C.M.A.No.44 of 2023
petitioner deserted him only from 10.11.2016, but, on the other hand, he deserted the petitioner and his children from 10.09.2015 onwards.
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C.M.A.No.44 of 2023
absolutely no doubt that this is a case of irretrievable breakdown of marriage. The husband and wife have been living separately from the year 2015. The grounds taken by the appellant-husband for setting aside the order of divorce passed in OP.403/2017, has no merits. If only for the sake of their children, new lease of life is given to the husband and wife by setting aside the order, in reality, under the facts and circumstances of the case and taking note of the long separation whereby there developed continued bitterness, it is not possible for such reunion. Therefore, on the ground of irretrievable breakdown of marriage, the decree of divorce granted by the trial court, is confirmed. The present appeal is dismissed. No costs.
(J.N.B., J.) (R.S.V., J.) 19.11.2024
nvsri
To The III Additional Principal Judge,
Family Court, Chennai.
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C.M.A.No.44 of 2023
J. NISHA BANU, J. and R.SAKTHIVEL, J.
nvsri
C.M.A.No.44 of 2023
19.11.2024
Page 6/6
1 issue framed by the court
Whether the decree of divorce granted on the ground of cruelty should be set aside despite long separation between the spouses.
1 provisions across 1 enactments
S.Ravi
R.Lakshmi
J.Nisha Banu
R.Sakthivel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
