It has to be taken most seriously that none other than the Madras High Court which is one of the oldest High Courts in India has taken most serious note of the present generation taking concept of marriage very lightly and they apply for divorce on unimaginable trivial issues and marriage is broken. This clearly reflects that the tolerance level in the present generation is decreasing very rapidly. The present generation can only at its own peril prefer to ignore what the Madras High Court has ruled in this notable case.
To start with, this leading, latest, learned and laudable judgment titled Annapoorani Vs. S. Ritesh in C.R.P.No. 106 of 2021 and C.M.P. No. 995 of 2021 authored by a Single Judge Bench of Justice V Bhavani Subbaroyan of the Madras High Court sets the ball rolling in para 1 wherein it is put forth that, “The present Civil Revision Petition has been filed under Article 227 Constitution of India with the prayer to strike off the petition in O.P. 4784 of 2019 on the file of III Additional Family Court, Chennai on the ground that the invocation of Section 12(1)(a) of the Hindu Marriage Act is not sustainable by raising various grounds.”
To put things in perspective, the Bench then points out in para 2 that, “The present Civil Revision Petition has been filed by the wife as against the petition in O.P.No.4784 of 2019 filed by the respondent / husband before the said Family Court. The respondent / husband has filed the Original Petition before the Family Court against the petitioner / wife herein on the ground that the respondent / wife is suffering from Polycystic Ovarian Syndrome (for brevity ‘PSOS’) and the respondent / wife was not fit for cohabitation or give birth to a child. Apart from that, he has also raised many other issues, instances as against the wife for seeking declaration declaring that the marriage solemnized on 01.07.2018, which was subsequently registered on the same day, vide Sl.No.95 of 2018 before the Marriage Registrar, Joint II, Saidapet, Chennai – 15, as null and void. After filing this petition, the respondent / husband has also filed an I.A. 1 of 2020 seeking for an amendment to include the provision of law from 12(1)(a) and 12(1)(a) and (c). The said petition seeking for amendment is pending before the Family Court for decision.”
Needless to say, the Bench then also mentions in para 5 that, “Heard the learned counsel for the petitioner in length and perused the materials available on record.”
As it turned out, the Bench then points out in para 6 that, “It is to be noted that the petitioner herein had approached this Court seeking to strike off the petition under Article 227 of the Constitution of India on the alleged facts which are pleaded in O.P.No.4784 of 2019 before the Family Court, Chennai . She also claims that she wedded to the respondent / husband on 01.07.2018, as per the Hindu Marriage Act and the same is the arranged marriage; arranged by the parents, elders and well-wishers of both the parties. However, the said marriage did not last long on the alleged ground of physical condition that the petitioner / wife cannot give birth to a child, as alleged by the husband, owing to ‘PSOS’ on the part of the wife.”
Be it noted, the Bench then mentions in para 7 that, “On a careful perusal of the said petition filed before the Family Court, Chennai, it is seen that the respondent . husband has narrated various facts apart from the issue of ‘PSOS’ which he relies most as a ground for seeking divorce. It is also seen that the respondent / husband has made categorical allegation that the petitioner / wife is suffering from ‘PSOS’ due to which’ her menstrual cycle will extend for more than 25 days and she is under mediation ever since the date of puberty.”
It is also worth noting that it is then pointed out in para 8 that, “The issue of ‘PSOS’, which is now commonly prevailing among the present generation of women due to various habits, such as, mental stress and to a very great extent, the contaminated environment, in which we live, is also one of the cause for particular women, who develop this physical problem. The term ‘PSOS’ by itself cannot be termed as ‘impotency’. Impotency is different and unable to give birth to a child is different, owing to various physical and mental reasons.”
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