Madras High Court grants divorce to man on grounds of cruelty

The Madras High Court has granted divorce to a man from his wife on the grounds of cruelty, setting aside a family court order dismissing his earlier petition.

A bench of Justices T Raja and D Bharatha Chakravarthy gave the order recently, after the petitioner moved the court against the lower court order.

After hearing the two sides, the bench said, “it is not in dispute” that after their marriage in 1997, since the respondent/wife did not beget any biological child, the couple adopted a boy.

“..respondent/wife, during cross-examination, has admitted that she did not cooperate with her husband for physical relationship. It is settled law that unilateral decision of refusal to have intercourse without there being any physical incapacity or any other valid reason would amount to mental cruelty,” the bench said.

Further, the respondent was aware of the fact that for transfer of family property, money was transferred to the bank accounts of her mother and sister.

“The respondent/wife suppressing the said factum deposed before the Family Court that the said transaction was only to save the tax (to be paid by her husband). In our considered view, inducing the other spouse to live beyond means and invite indebtedness would amount to cruelty and this can be termed as lack of feelings for the welfare, happiness and security of other spouse,” the bench noted.

The aforesaid acts of the respondent/wife would depict she is more interested in the assets and wealth of her husband than showing love and affection and such callous attitude “would amount to cruelty,” the court said.

“In fine, for the reasons stated above, answering the issue in favour of the appellant, the divorce is granted on the grounds of cruelty and desertion under Sections 13(ia)(ib) of the Hindu Marriage Act,” it said. (PTI)