Madras HC | Husband and Wife lived separately for 7 long years, marriage dissolved by family court on ‘cruelty’ ground. Read HC’s decision on challenge to Family Court’s decision

Madras High Court: T. Raja and G. Chandrasekharan, JJ., addressed a matter wherein wife approaches the wife appealed against the family court’s decision of dissolving her marriage solemnised with the respondent, on grounds of cruelty.

Bhuvaneswari, wife of S.K. Jayakumar brought forth the instant appeal on being aggrieved by the decision of the family court, dissolving the marriage under Section 13(1)(i—a) of the Hindu Marriage Act, 1955 accepting the case of the respondent/husband that the appellant/wife caused mental cruelty under Section 13(1)(i—a) of the Hindu Marriage Act, 1955.

Analysis

High Court while deciding the matter observed that the wife made wrong statements before the Court blowing hot and cold. Further, it was also noted that once when the husband met with an accident and was an inpatient for 45 days, appellant or her family member refused to visit him which clearly implies that the wife miserably failed to show any iota of trust as a dutiful wife to her husband.

Another significant point was that after the decree of divorce by the husband was filed, nothing prevents the wife to move an application invoking Section 9 of the HMA for restitution of conjugal rights.

The above clearly describes that situation wherein the wife at no pint was showing any interest to resume or rejoin the matrimonial home.

Bench noted that the trial court rightly relied on the decision of the Division Bench of this Court in the case of Suguna v. Kubendiran, (2017) 1 CTC 695, wherein it was held that if the acts of the wife are of such quality or magnitude and consequence as to cause pain, agony and suffering on the husband, the same would amount to cruelty in matrimonial law for granting the decree of divorce. Supreme Court in its decision of Pankaj Mahajan v. Dimple, (2011) 12 SCC 1 has laid down several instances of cruelty.

In the present case, the husband has stated that the wife had been insulting his parents and quarrelling with him and abusing him every now and then. Besides she had been behaving in an abnormal manner, causing great mental cruelty to the respondent/husband.

Therefore, the Court stated that the facts and pleadings clearly show that the conduct of the wife towards her husband was substantiated and hence they started to live separately for more than 7 long years.

In view of the above chain of marital life, there is no possibility for the parties to unite, hence the decision passed by the trial court was correct and no infirmity was found. [Bhuvaneswari v. S.K. Jayakumar, 2021 SCC OnLine Mad 371, decided on 20-01-2021]


Advocates for the parties:

For Appellant: G. Saravanabhavan

For Respondent: S. Xavier Felix

3 comments

  • My name is Karthikeyan and my ex wife name Hema who were not living together for more than 10years, since 2012 she raised petition in Madaras High Court, where HC Family declared respondent for to pay monthly. My humble request is to know whether under such act sec 13(1)(i-a) as per Hindu Marriage act 1955, suppose to make the payment to ex-wife.

  • […] Husband and Wife lived separately for 7 long years, marriage dissolved by family court on ‘cruelty… […]

  • There is one latin legal maxim saying “Courts action does not prejudice a litigant”. In this case it appears that courts have taken this much of time to decide.

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