In April 2022, the Madras High Court ruled that inducing a spouse to live beyond their financial capacity and causing debt constitutes cruelty. This judgment came as the court overturned a family court decision and granted a man’s divorce plea.
The bench, consisting of Justices T. Raja and D. Bharatha Chakravarthy, reviewed the case after the petitioner challenged the family court’s earlier dismissal of his divorce request.
During cross-examination, the respondent (wife) admitted to not cooperating in their physical relationship. The court emphasized that refusing intimacy without valid reasons in a marriage amounts to mental cruelty.
Additionally, the respondent admitted to transferring money from her husband’s accounts to her mother and sister, allegedly for saving tax. The court found that encouraging a spouse to overspend and incur debt demonstrates a lack of concern for their financial well-being and security.
The couple, married in 1997, had adopted a child due to the wife’s inability to conceive. Despite these circumstances, the court observed that her actions showed a greater interest in her husband’s assets than in fostering a loving, compassionate relationship.
Based on these findings, the court ruled in favor of the petitioner and granted a divorce on grounds of cruelty and desertion under Sections 13(ia) and 13(ib) of the Hindu Marriage Act.
This landmark judgment highlights financial exploitation as a valid ground for divorce, broadening the legal definition of marital cruelty.
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