{"id":248536,"date":"2021-05-21T12:00:49","date_gmt":"2021-05-21T06:30:49","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=248536"},"modified":"2021-05-28T09:25:05","modified_gmt":"2021-05-28T03:55:05","slug":"decree-of-divorce","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2021\/05\/21\/decree-of-divorce\/","title":{"rendered":"Madras HC | 25 long years of separation, but no decree of divorce granted \u2013 Why? Read whether HC dissolves the marriage or not"},"content":{"rendered":"

Madras High Court: <\/strong>T. Raja, J., in the present matter while considering the long separation of parties for almost a quarter-century, granted a decree of divorce by dissolving the marriage between the parties.<\/p>\n

Factual Matrix<\/u><\/span><\/h4>\n

In the present matter, appellant was married to the respondent and a male child was born out of wedlock. During the pregnancy of respondent, it was alleged that even after doctor\u2019s advise, the respondent\/wife had not taken proper care. Ultimately, the respondent delivered a handicapped male child.<\/p>\n

Further, it was also alleged that from the date of marriage, the respondent was adamantly raising disputes and quarrels even for cohabitation due to which the appellant was subjected to mental agony.<\/p>\n

Although the appellant tolerated all the unlawful activities of the respondent on the belief that she would change her attitude in due course, no improvement thereon had occurred.<\/p>\n

No Response for 7 long years<\/em><\/span><\/h3>\n

Respondent later left the matrimonial house and never came back even after a lot of requests and visits by the appellant and his parents. When there was no response from the respondent for 7 long years and thereby deserted the appellant, petition was filed before the Family Court seeking divorce on the ground of cruelty and desertion under Section 13(1)(i\u2014a) and (i\u2014b) of the Hindu Marriage Act to dissolve the marriage between the appellant and respondent.<\/p>\n

Respondent had sought restitution of conjugal rights under Section 9 of the Hindu Marriage Act. Trial Court concluded that husband, wanted to get rid of the special child and mother and no cruelty was caused by the respondent\/wife and no desertion was accused of the simple reason that only the appellant has taken both the respondent with the son by car to her parental house and left them there with the promise that he would come and take them back. But he did not turn up to take them back to the matrimonial home.<\/p>\n

When the lower appellate court came to the conclusion that no case of cruelty or desertion was made out, aggrieved thereby, the present appeal was filed by the appellant raising the following substantial questions of law:<\/p>\n