HC sets aside family court order granting divorce

Madras High Court has set aside a 2011 order of a family court allowing the divorce plea of a man, holding that the charge of cruelty against the wife has not been proved.
Allowing the appeal filed by the wife, a bench comprising Justices R Sudhakar and S Vaidyanathan in its order said "there is no element of cruelty established against the wife and the marriage cannot be said to be irretrievable broken, as the wife is very much willing to live with the husband."
The appeal had challenged the November 25, 2011 order of the Principal Judge of Family Court granting the decree for dissolution of marriage.

The husband initially filed a petition seeking divorce on the ground of cruelty alleging that his wife was often threatening him that she will commit suicide if he does not accede to her requests.
Thereafter, the wife filed a petition praying for restitution of conjugal rights, which was dismissed by the family court.
The high court held that the ground of 'cruelty' on which the family court granted divorce was erroneous and based on no evidence.
It also rejected the contention that there was irretrievable breakdown of marriage.
"The wife is interested in living with the husband, which is quite evident from the fact that she did not even think of filing a petition claiming monthly maintenance from her husband.