Case Title: Ms.T.Banumathy v. Mr.N.Madhava Govindan
Case No: CMA(MD) No.1121 of 2017 and CMP(MD) No.11414 of 2017
Decided on: 22nd December, 2023
CORAM: Hon’ble Mr.Justice Rmt.Teekaa Raman And The Honourable Mr.Justice P.B.Balaji
Facts of the Case
The fair and decreetal ruling dated October 13, 2017, made by the Family Court Judge in Tiruchirappalli regarding H.M.O.P. No. 780 of 2014 is being contested in this Civil Miscellaneous Appeal. The appeal concerns a marital disagreement between the respondent, the husband, and the appellant, the wife, who filed for divorce under Section 13(1)(ia) of the Hindu Marriage Act citing cruelty as a reason. The husband’s request was accepted by the Family Court, which noted that the wife’s fabricated allegations of his extramarital affairs were the reason for the marriage’s irreversible dissolution. The appellant-wife challenges the Family Court’s ruling, arguing that the husband’s desertion claim was not properly pled, and claims that irretrievable breakdown is not a foundation under the Hindu Marriage Act. After considering the facts, the High Court sets aside the dissolution judgement because it considers the husband’s claims to be unfounded.
Legal Provisions
Sections 13(1)(ia) and (b) of the Hindu Marriage Act are at issue in the legal dispute. The wife accused the husband of having an extramarital affair and accused him of being abusive to her. The Family Court took into consideration a desertion plea, even though the husband had not initially brought it up, when he filed for divorce under Section 13(1)(ia). The husband’s protracted desertion of more than 12 years was examined by the court in order to determine cruelty under Section 13(1)(b). The wife objected, claiming that Article 142 of the Act grants the High Court authority over the irretrievable breakdown of a marriage. Invoking Section 23(1)(a), the court further pointed out that the spouse was unable to get relief based on his misconduct.
Issues
The husband sought a divorce under Section 13(1)(ia) of the Hindu Marriage Act, citing cruelty. The wife contested, arguing that the Act does not explicitly address irretrievable breakdown. Despite 12 years of separation and accusations of extramarital affairs, the Family Court granted the divorce. The wife appealed, suggesting the High Court consider irretrievable breakdown under Article 142 of the Indian Constitution. The case also delved into the wife’s allegations of financial neglect, cruelty, and desertion. The judgment reversed the divorce, citing lack of evidence for cruelty and criticizing the Family Court for insufficient consideration of the wife’s case, raising concerns about due process and justice.
Courts analysis and decision
On the grounds of cruelty and an irreversible collapse of the marriage, the Civil Miscellaneous Appeal contests the Family Court’s ruling granting the husband the dissolution of the marriage. The wife, who is the appellant, challenges this ruling on the grounds that the Hindu Marriage Act does not specifically recognise irretrievable breakdown as a reason. She also recommends that the High Court may consider this matter in accordance with Article 142. The conclusions reached by the Family Court on the claimed cruelty, extramarital affairs, and desertion have drawn criticism for not meeting legal requirements and for depending too much on a flaw in the wife’s pleadings. The dissolution order is set aside by the judgement, which emphasises the husband’s inability to demonstrate cruelty and the legal inadequacy of the grounds stated. The court highlights that the interference that resulted in the appeal’s approval was rightfully caused by the Family Court’s evaluation of the wife’s case and its purported desertion. The ruling emphasises that the dissolution order is legally unsustainable because cruelty is not proven. The related Miscellaneous Petition is closed as a result, and no costs are given.
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Written by- Aastha Ganesh Tiwari
