Wife Lived Separately Without Taking Care Of Children & Filed Criminal Case; Cruelty Established: Madras High Court Grants Divorce To Husband
The Madras High Court was considering an Appeal filed by the husband under Section 19(1) of the Family Courts Act.
The Madras High Court has granted a divorce to a couple after noting that the husband was able to make out a case of cruelty as the wife neglected the husband, lived separately without taking care of the children, and also initiated criminal proceedings containing grave allegations against him and his family members.
The High Court was considering an Appeal filed by the husband under Section 19(1) of the Family Courts Act.
The Division Bench of Justice G.K. Ilanthiraiyan and Justice R. Poornima stated, “On the other hand, the appellant has established that he suffered cruelty at the hands of the respondent. The respondent neglected the appellant, lived separately without taking care of the children, and initiated criminal proceedings containing grave allegations against him and his family members. Due to the mental stress caused by the said circumstances, the appellant was also admitted to hospital for treatment relating to his heart ailment. Though the respondent alleged that the appellant was admitted to hospital due to excessive alcohol consumption, no document has been produced to substantiate the said claim.”
Advocate S.Sharma represented the Petitioner, while Advocate S.Sathish Kumar represented the Respondent.
Factual Background
The marriage between the appellant and the respondent was solemnised in accordance with Hindu rites and customs. The appellant, a B.E. Mechanical Engineering graduate, was engaged in private undertaking works, and the parties were blessed with two female children. It was alleged that initially, the parties led their matrimonial life peacefully, and after some time, the respondent started creating problems with the appellant whenever he returned from work. She allegedly damaged household articles and behaved abnormally and aggressively.
It was further alleged that the respondent wife frequently suspected the character of the appellant, and the appellant suffered severe mental agony. The appellant lodged a complaint against the respondent and also issued a legal notice to the respondent seeking divorce. The wife sent a reply notice containing false allegations against the appellant. Hence, the appellant filed a petition for divorce on the ground of cruelty, but the same came to be dismissed. Aggrieved by the said order, the appellant approached the High Court.
Reasoning
The Bench noted that the appellant husband sought dissolution of marriage primarily on the ground of cruelty committed by the respondent.
The Bench noticed that the trial Court dismissed the divorce petition mainly on the ground that the appellant had condoned the alleged cruelty and that the parties lived together thereafter. However, the trial Court failed to take into consideration the subsequent conduct of the respondent, particularly the filing of the domestic violence case containing serious allegations against the appellant and his family members after the filing of the divorce petition.
Thus, allowing the appeal, the Bench dissolved the marriage between the appellant and the respondent.
Cause Title: AB v. XY (Case No.: CMA.(MD)No.74 of 2021)
Appearance
Appellant: Advocates S.Sharma, K.Veilmuthu
Respondent: Advocate S.Sathish Kumar