Madurai: Observing that mere skirmishes between spouses in day-to-day family life would not amount to cruelty under the Hindu Marriage Act, Madras High Court on Wednesday dismissed an appeal filed by a man against the order of the family court refusing to grant him divorce.
"There is no specific and concrete instances of cruelty by the wife as claimed by the petitioner. There appears to be some small quarrel," Justice N Paul Vasantha Kumar and Justice P Devadass of the Madurai Bench of the court held.
Dismissing the appeal of one V Saravanakumar, the Judges pointed out that prime witness had deposed that the Petitioner was making a mountain out of a mole.
The Judges also pointed out that the petitioner had already divorced a woman.
They said even in mutual consent cases, grant of divorce was not automatic. "There is waiting time under the act, also called cooling period."
Referring to the contention of the petitioner that his wife had given consent for mutual divorce by taking Rs One lakh and withdrew it in the last moment, the Judges said it should be ensured by the court that the consent had not been obtained by any undue influence.
"Thus it is not the law that once the wife has signed the Petition for divorce by mutual consent she cannot go back," the court said.
The wife contended that her signature had been obtained in a petition for divorce by mutual consent, and on coming to know the truth, she had refused her consent. The Petitioner was unable to countenance this, the judges said.
PTI
By clicking “Accept All Cookies”, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts.
Cookies Setting
By clicking “Accept All Cookies”, you agree to the storing of cookies on your device and the processing of information obtained via those cookies (including about your preferences, device and online activity) by us and our commercial partners to enhance site navigation, personalise ads, analyze site usage, and assist in our marketing efforts. More information can be found in our Cookies and Privacy Policy. You can amend your cookie settings to reject non-essential cookies by clicking Cookie Settings below.
Manage Consent Preferences
Strictly Necessary Cookies
These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work or you may not be able to login.
Functional Cookies
These cookies enable the website to provide enhanced functionality and personalisation. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then some or all of these services may not function properly.
Targeting Cookies
These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They are also used to limit the number of times you see an advert as well as help measure the effectiveness of an advertising campaign. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.
Performance Cookies
These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we may not know when you have visited our site, and may not be able to monitor its performance.