In a landmark judgement from April 2022, the Madras High Court granted a man divorce from his wife on grounds of cruelty. This ruling overturned a previous family court decision that had dismissed his plea.
The bench, composed of Justices T Raja and D Bharatha Chakravarthy, made this decision after the petitioner appealed the lower court’s ruling.
During cross-examination, the respondent (the wife) admitted that she did not cooperate with her husband in their physical relationship. The bench noted that refusal to have intercourse without any physical infirmity or reasonable cause constitutes mental cruelty.
Additionally, it was revealed that the wife knew money was being transferred to her mother’s and sister’s bank accounts to facilitate a family property transaction.
The couple had adopted a boy in 1997 after the respondent was unable to have biological children.
The Court found that the respondent misled the Family Court about the financial transactions, claiming they were for tax-saving purposes. The bench ruled that inducing a spouse to live beyond their means and incur debt amounts to cruelty, reflecting a lack of concern for the other spouse’s wellbeing, happiness, and security.
The Court stated that the respondent’s actions indicated she was more interested in her husband’s assets and wealth than in showing love and compassion. This attitude, the Court concluded, amounted to cruelty.
The appellant was granted a divorce on grounds of cruelty and desertion under Sections 13(ia) and (ib) of the Hindu Marriage Act.
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