Madras High Court Says Forcing Spouse Into Debt and Refusing Intimacy is Cruelty
In a ruling made in April 2022, the Madras High Court granted a man divorce from his wife, stating that forcing a spouse to live beyond their means and denying physical intimacy without a valid reason amounts to cruelty under the Hindu Marriage Act.
The decision was delivered by a bench of Justices T. Raja and D. Bharatha Chakravarthy. The man had earlier filed for divorce, but his petition was rejected by the family court. He then appealed the decision in the High Court.
Key Points of the Judgment
During the hearing:
- The wife admitted during cross-examination that she refused to have physical relations with her husband, even though she had no medical condition. The court ruled this as mental cruelty, based on well-established legal standards.
- The wife also withheld financial details, including money transfers to her mother and sister’s bank accounts, allegedly for tax-saving reasons. The court found that this act showed a lack of honesty.
- The couple had adopted a child after marrying in 1997, as the wife could not have children biologically.
Court’s Conclusion
The court strongly criticized the wife’s behavior, noting that:
“Inducing a spouse to live beyond their financial capacity and causing debt shows a lack of care for their happiness and well-being.”
The judges ruled that such actions are emotionally harmful and showed that the wife was more interested in her husband’s wealth than in building a loving relationship.
Divorce Granted on Grounds of Cruelty and Desertion
Based on the evidence, the court allowed the divorce under Sections 13(ia) and 13(ib) of the Hindu Marriage Act, citing both cruelty and desertion as valid reasons.
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