A VISWANATHAN Vs. G LAKSHMI ALIAS SEETHA

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is directed against the decree and judgment dated 23.04.1997 passed by the I Additional Principal Judge, Family Court, Madras in FCOP No.215 of 1997.

(2.) THE appellant and the respondent are husband and wife respectively. THE appellant had filed a petition for dissolution of marriage between them by a decree of divorce on the ground of cruelty under Section 13(1) (i-a) of the Hindu Marriage Act, 1955. THE Family Court, after comprehensively dealing with the matter, dismissed the petition holding that the respondent has not treated the petitioner with cruelty and rejected the appellant's prayer to dissolve the marriage which took place on 23.08.1992. THE appellant, aggrieved by the judgment of the Family Court, has preferred the present appeal on various grounds.

(3.) THE Family Court, after analysing the oral and documentary evidence and after framing certain points for consideration, observed that the onus was on the appellant to prove his case and also held that the acts of cruelty must be specifically pleaded and specific instances of the conduct must be described. It further observed that the earlier divorces of the respondent were justified and dismissed the original petition filed by the appellant based on the above grounds.