High court bench orders man to pay ₹20L for divorce
TIMES NEWS NETWORK
Madurai 26.09.2018
Setting aside a lower court’s order, which dismissed a divorce petition, the Madurai bench of the Madras high court said that the divorce proceedings will be initiated on condition that the man compensate his wife with ₹20 lakh for the suffering she underwent. Alleging that his wife suffered from mental illness, A Amuldoss moved the lower court in Thanjavur in 2013 seeking divorce from her. In his petition, Amuldoss stated that he got married to the woman in 2008 at a church and cited incidents to claim that she suffered from mental illness. The woman’s counsel denied all allegations against her.
However, the lower court dismissed the petition after observing that it was based only on the versions of his mother and sister as he was staying abroad. It took into consideration the woman’s version that her in-laws quarrelled with her as she did not have a child.
When he went on an appeal in the high court, justice J Nisha Banu issued the directions after noting that the couple are living separately for the past seven years and the effort made by the court to mediate for a possible reunion went futile. “While the wife wanted to live with the husband, the husband was not willing to live with her. There has also been a long delay of continuous separation and therefore, while mediating, the court found that matrimonial bond is beyond repair,” the court said stressing that while it understands the woman’s anxiety to reunite with her husband, it has no other option except to deal with the matter in the circumstances of the case as the man does not want to live with her. While allowing the appeal petition, the judge said the lower court’s order shall be set aside only when the man pays compensation to his wife.
TIMES NEWS NETWORK
Madurai 26.09.2018
Setting aside a lower court’s order, which dismissed a divorce petition, the Madurai bench of the Madras high court said that the divorce proceedings will be initiated on condition that the man compensate his wife with ₹20 lakh for the suffering she underwent. Alleging that his wife suffered from mental illness, A Amuldoss moved the lower court in Thanjavur in 2013 seeking divorce from her. In his petition, Amuldoss stated that he got married to the woman in 2008 at a church and cited incidents to claim that she suffered from mental illness. The woman’s counsel denied all allegations against her.
However, the lower court dismissed the petition after observing that it was based only on the versions of his mother and sister as he was staying abroad. It took into consideration the woman’s version that her in-laws quarrelled with her as she did not have a child.
When he went on an appeal in the high court, justice J Nisha Banu issued the directions after noting that the couple are living separately for the past seven years and the effort made by the court to mediate for a possible reunion went futile. “While the wife wanted to live with the husband, the husband was not willing to live with her. There has also been a long delay of continuous separation and therefore, while mediating, the court found that matrimonial bond is beyond repair,” the court said stressing that while it understands the woman’s anxiety to reunite with her husband, it has no other option except to deal with the matter in the circumstances of the case as the man does not want to live with her. While allowing the appeal petition, the judge said the lower court’s order shall be set aside only when the man pays compensation to his wife.
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