Husband's appeal against dismissal of his divorce petition alleging the wife's adultery with one Lingam and cruelty, including taunts about his physical disability. The High Court found no material to substantiate cruelty or adultery and dismissed the appeal, leaving maintenance issues to pending proceedings.
None granted; appeal dismissed with no order as to costs.
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.(MD).No.801 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.01.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN
C.M.A.(MD).No.801 of 2018
K.Chandran
.. Appellant/Petitioner
Vs.
Anbukarasi
.. Respondent/ Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 19 of Family Courts Act, 1984 r/w Section 96 and Order XL1 Rule 1 of Civil Procedure Code, to set aside the impugned order and decree passed by the Family Court, Sivagangai in H.M.O.P.No.38 of 2017 dated 23.01.2018 by allowing this appeal.
For Appellant : Mr.K.K.Kannan For Respondent : Mr.M.S.Jeyakarthick for Mr.C.Rajagopal
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C.M.A.(MD).No.801 of 2018
DR.G.JAYACHANDRAN,J. and C.KUMARAPPAN,J.
JUDGMENT
The present Civil Miscellaneous Appeal is filed by the husband, who failed in his attempt to get divorce on the ground of adultery and cruelty.
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C.M.A.(MD).No.801 of 2018
home, the respondent used to tease him pointing out his physical disability and never used to have cohabitation.
present Civil Miscellaneous Appeal is filed on the ground that the Family Court ought to have considered the evidence in total and ought not to have declined to look into the allegation of adultery when material was placed to show that the respondent was living an adulteress life.
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C.M.A.(MD).No.801 of 2018
apart from cruelty and adultery, since 2015, the parties are living separately and a chance of re-union has become very remote and therefore, the marriage has to be dissolved. In support of his submissions, the judgment of the Kerala High Court was circulated and relied upon.
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C.M.A.(MD).No.801 of 2018
daughter of the appellant and the respondent, who is now 13 years old, is pursuing her X Standard and no adequate financial support is rendered by the appellant. However, taking note of the fact that already maintenance petition is filed and some amount has been fixed by the Court, the respondent shall work out her remedy regarding the maintenance in the said proceedings. Whereas, for consideration of the appeal, this Court finds that the appeal does not deserve to be entertained, since there is no material to substantiate the plea of cruelty as well as adultery. Hence, the Civil Miscellaneous Appeal is dismissed. There shall be no order as to costs.
(G.J.,J.) (C.K.,J.) 24.01.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No Lm
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C.M.A.(MD).No.801 of 2018
To
1.The Family Court, Sivagangai.
2.The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
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C.M.A.(MD).No.801 of 2018
DR.G.JAYACHANDRAN,J. and C.KUMARAPPAN,J.
Lm
C.M.A.(MD).No.801 of 2018
24.01.2024
Page 7 of 7
1 issue framed by the court
Whether the Family Court rightly dismissed the husband's divorce petition on grounds of adultery and cruelty for lack of substantiating evidence.
5 provisions across 3 enactments
K.Chandran
Anbukarasi
G.Jayachandran
C.Kumarappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
