RADHAMANI R Vs. P V RAJASEKHARAN

JUDGEMENT

(1.) The appellant herein and the respondent are Hindus belonging to Viswakarma community. Their marriage took place on 17/01/1988. The husband sought for dissolution of marriage by filing OP No. 773/2005 which stands allowed by the Family Court. The appeal is at the instance of the wife. The pleadings show that dissolution of marriage was sought on the ground of alleged cruelty on the part of the wife. The Family Court found in his favour mainly based on Ext. A5 letter dated 04/07/1991, incompatible temperament between the parties, resulting in the marriage in a collapsed stage and accordingly granted divorce.

(2.) We heard learned counsel for the appellant and the respondent who appeared in person. Learned counsel for the appellant submitted that there is no legal evidence to establish any cruelty on the part of the wife either physical or mental and the reliance placed by the Family Court on Ext. A5 is clearly without any justification. It is pointed out that there is no legal evidence in this case to prove cruelty on the part of the wife. It is also pointed out that a mere observation that there is incompatibility and hence the marriage had collapsed, is not a ground to grant divorce under S.13 of the Hindu Marriage Act, 1955.

(3.) The evidence in this case consists of the oral testimony of PW 1 and RW 1 and Exts. A1 to A5.