Khushi Gupta
Published on: April 6, 2022 at 18:06 IST
The Madras High Court has Reiterated that marriage can be Dissolved by Decree of Divorce on a Petition presented either by the husband or the wife on the Grounds that there is no cooperation in the marriage.
Thus, it sets aside the Order of the Family Court for Restoration of Conjugal Rights and dissolved the marriage between the parties.
Case Title: Major Frank Ralston Samuel Raj Vs. Kezia Padmini Swarna Pandian
Justice K Kalyanasundaram and Justice Vs Sivagnanam were hearing an Appeal filed by an Army Officer, Major Frank Ralston Samuel Raj against the Order of Family Court dismissing his Petition for Dissolution of Marriage and allowing the wife’s Petition for Restitution of Conjugal Rights.
The parties had been living apart for more than fifteen years. The Court observed that there was no emotional attachment between the parties and that the marriage was dead both emotionally and practically.
The Court took into consideration certain previous Cases such as Naveen Kohli Vs. Neelu Kohli, Samar Ghosh Vs. Jaya Ghosh and Beena Vs. Shino G Babu.
The Court drew attention to Section 10 of Indian Divorce Act 1869, marriage can be dissolved by Decree of Divorce on a Petition presented either by the husband or the wife on the Ground that the other party as after the Solemnization of the marriage not co-operated to consummate the marriage and the marriage has not therefore been consummate is entitled for Divorce.
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