C. ARUL MANIKANDAN Vs. T. ARCHANA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the husband against the order of the Family Judge, Dharmapuri, dismissing the petition filed under Sec. 13(1) (i-a) of the Hindu Marriage Act, 1955 for dissolution of marriage.

(2.) Brief facts leading to filing of this Civil Miscellaneous Appeal are as follows:- The marriage between the Appellant and the Respondent was solemnized on 205.2015. According to the appellant the Respondent from the day one of the marriage refused to consummate the marriage. The Respondent used to chat with her paramour in a cell phone and she openly confessed her intimacy and made her intention clear that she would not live with the petitioner. A panchayat was held on 16.06.2015 in which the Respondent entered into Muchalicka with the petitioner for getting the decree of divorce. But the Respondent did not come forward to file the petition for divorce on mutual consent. The petitioner had been subject to great mental agony and torture because of her indifferent attitude. There is no scope for reunion. Hence the petition is filed for the decree of divorce on the ground of cruelty. The Respondent remained ex parte.

(3.) The learned Family Court, Dharmapuri, after examining the appellant as P.W.1, marked 3 documents as Ex.P1 to P3 viz; the marriage invitation,copy of the voter's ID and the Divorce Muchlicka Document and after considering the material available on record, has dismissed the petition on the ground that the averments made out by the appellant/husband do not constitute cruelty and that though the wife had not appeared before the Court, no other person had been examined by the appellant/petitioner to prove his case and that too in respect of the allegations of extra marital affairs against the wife. Further the Family Court had held that merely that there was a Panchayat Muchalicka, the decree of divorce would not be automatically granted and had concluded saying that as per Sec 23(1) of the Hindu Marriage Act, even in uncontested matters the court has to satisfy itself with regard to the averments made and pass orders only if the ingredients of the grounds for divorce are strictly made out and had dismissed the petition for divorce.