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 today 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.
