MATHIVANAN Vs. JEGATHA

JUDGEMENT

(1.) Mathivanan, the appellant herein got married to the first respondent Jegatha on 2/9/2013 as per Hindu rites and customs. No child was born through the wedlock. The relationship between them had come under strain. The appellant filed HMOP No.24 of 2018 on the file of the II Additional Sub Court, Nagercoil seeking divorce on the ground of cruelty and adultery. The appellant herein had arrayed one Sudharshan as the alleged adulterer. The HMOP was transferred to Family Court, Kanyakumari at Nagercoil and renumbered as HMOP No.7 of 2018. The appellant examined himself as PW.1. One Govindarajan was examined as PW.2. Exs.P1 to P5 were marked. Jegatha examined herself as RW.1. After considering the evidence on record, the trial court dismissed the petition. Challenging the same, this civil miscellaneous appeal has been filed.

(2.) The learned counsel appearing for the appellant submitted that the parties have been residing separately for more than nine years. The relationship has irretrievably broken down. The long period of separation by itself should be deemed to constitute cruelty. He relied on the decision of the Hon'ble Supreme Court reported in 2023 SCC OnLine SC 497 (Rakesh Raman v. Kavita). He called upon this Court to follow the said decision and grant relief as prayed for.

(3.) Per contra, the learned counsel for the wife submitted that she is willing to live with the appellant. He called upon this Court to sustain the impugned order and dismiss this appeal.