U.SRIDHAR Vs. S.YAMINI

JUDGEMENT

(1.) This Civil Miscellaneous Appeals are filed by the husband who is petitioner in divorce petition challenging the common order dtd. 23/2/2021 passed by the Additional Family Court, Coimbatore in H.M.O.P. No. 423 of 2013 seeking divorce on the ground of cruelty, and H.M.O.P. No. 1228 of 2014 filed by the wife for restitution of conjugal rights. The Family Court negatived the prayers made in both petitions and instead granted a decree for judicial separation by invoking Sec. 13A of the Hindu Marriage Act 1955.

(2.) The Case in brief: The marriage between the appellant (husband) and the respondent (wife) was solemnized on 6/6/2011. It was the second marriage for both parties. The appellant/husband filed H.M.O.P. No. 423 of 2013 seeking divorce under Sec. 13(1)(ia) of the Hindu Marriage Act, 1955 on the ground of cruelty, detailing various instances of mental and physical cruelty, including false accusations, constant quarrels, humiliation in the presence of others, and unfounded allegations that affected his dignity and peace of mind. The respondent/wife, on the other hand, filed H.M.O.P. No. 1228 of 2014 seeking restitution of conjugal rights under Sec. 9 of the Act.

(3.) Upon full-fledged trial, the Family Court held that the allegations of cruelty and desertion were not proved to the required standard, nor was the wife entitled to restitution. However, on the premise that the relationship between the parties had deteriorated, the Family Court, invoking its discretionary power, granted a decree of judicial separation in both matters by invoking Sec. 13A of the Hindu Marriage Act 1955.