Madras HC sets aside divorce verdict by trial courtL
Saravanan | TNN | Dec 11, 2017, 20:24 IST
MADURAI: Living four days with her husband has helped a woman get a favourable order from the Madurai bench of the Madras high court. The high court set aside the judgment of the trial court which dissolved her marriage on the ground of desertion.
The marriage between the parties took place on May 12, 2011. Shortly after the marriage, the appellant conceived and went to her mother's home for delivery.
In March 2012, she gave birth to a baby girl. She returned to her husband's home in September 2012 and stayed there for four days before leaving. When the husband tried for reconciliation, she told him that she was not interested to live with him. It led him to file a divorce petition on the ground of cruelty and desertion.
The additional district court in Madurai on February 2 last year passed judgment in the divorce petition filed by her husband dissolving the marriage. The trial court found that the husband had failed to make out case of cruelty. However, it held that the marriage was liable to be dissolved on the ground of desertion by the wife.
Aggrieved over this, the wife filed an appeal in the high court bench.
Justice G R Swaminathan, who heard the appeal, found flaws in the judgment and said that the divorce petition was not maintainable.
"The husband was obliged to demonstrate that his wife had left his home with no intention to return in 2011. But, he himself admitted that they lived for four days in September 2012. The point of no return appears to have been reached only on September 9 in that year. Therefore, the cause of action for filing the divorce petition on the ground of desertion under the Indian Divorce Act will arise only two years thereafter. Thus, the petition does not confirm to the statutory requirement of two years. On this sole ground, the divorce petition is not maintainable and the order dissolving of marriage is set aside," the judge said.
Saravanan | TNN | Dec 11, 2017, 20:24 IST
MADURAI: Living four days with her husband has helped a woman get a favourable order from the Madurai bench of the Madras high court. The high court set aside the judgment of the trial court which dissolved her marriage on the ground of desertion.
The marriage between the parties took place on May 12, 2011. Shortly after the marriage, the appellant conceived and went to her mother's home for delivery.
In March 2012, she gave birth to a baby girl. She returned to her husband's home in September 2012 and stayed there for four days before leaving. When the husband tried for reconciliation, she told him that she was not interested to live with him. It led him to file a divorce petition on the ground of cruelty and desertion.
The additional district court in Madurai on February 2 last year passed judgment in the divorce petition filed by her husband dissolving the marriage. The trial court found that the husband had failed to make out case of cruelty. However, it held that the marriage was liable to be dissolved on the ground of desertion by the wife.
Aggrieved over this, the wife filed an appeal in the high court bench.
Justice G R Swaminathan, who heard the appeal, found flaws in the judgment and said that the divorce petition was not maintainable.
"The husband was obliged to demonstrate that his wife had left his home with no intention to return in 2011. But, he himself admitted that they lived for four days in September 2012. The point of no return appears to have been reached only on September 9 in that year. Therefore, the cause of action for filing the divorce petition on the ground of desertion under the Indian Divorce Act will arise only two years thereafter. Thus, the petition does not confirm to the statutory requirement of two years. On this sole ground, the divorce petition is not maintainable and the order dissolving of marriage is set aside," the judge said.
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