Wife Pressurizing Husband To Set Up Separate Residence & Her Frequent Visits To Maternal House Amount To Cruelty: Madras High Court

The High Court was considering an appeal filed by a wife challenging the order of the Family Court allowing the petition for divorce filed by the respondent/husband.

The Bench comprising Justice P.T. Asha and Justice N. Mala held, “The relationship of a husband and wife is a reciprocal relationship and cannot be at the dictates of either of the spouse. The matrimonial bond has to be nurtured with compassion, mutual adjustment and love. The frequent visits of the appellant to her maternal house, leaving the respondent, for no valid reasons, create a sense of insecurity in the respondent’s mind and in our view, such frequent separation even, if temporary, for unjustifiable and invalid reasons, amounts to cruelty since the respondent cannot be left with a fear that his wife may pickup a fight with him and leave him at the drop of a hat.”

“We are also of the view that the appellant having married the respondent knowing fully well that he was the only son of his parents and was he bound to take care of them in their old age, unjustifiably pressurised him to set up separate residence which amounts to cruelty”, it added.

Advocate L.Albert Vinod represented the Appellant.

Factual Background

The appellant and the respondent got married in 2019 in the presence of family members, well-wishers and friends. The respondent, in his petition, alleged that the appellant did not accompany him to the matrimonial home after the marriage and that he had to go to his house alone. The respondent alleged that after much persuasion by him and his parents, the appellant returned to the matrimonial home and that she lived only for two months. It was alleged that despite his and his parents’ request, the appellant refused to join him and she used abusive and inappropriate language against him and his parents.

The respondent alleged that for the sake of family honour, he tolerated the conduct of the appellant and repeatedly invited her to live with him. The respondent alleged that when he asked the appellant to live with him, she insisted that he set up a separate house for her. According to the husband, despite his repeated requests and for no valid reason, the appellant refused to live together. Later, the appellant filed a maintenance case against the respondent. Since the respondent felt that the appellant wife would not resume the matrimonial relation, he filed the divorce petition. The Family Court found that the allegation of the appellant that she was driven away from the matrimonial home by the respondent and his parents was not proved by her by leading cogent evidence.

Reasoning

The Bench took note of the fact that the appellant, in her counter affidavit, admitted that after the appellant expressed her unwillingness to live as a joint family, the respondent took a house on rent and set up a separate residence and thereafter, he shifted the residence to a place nearer to her parents' house. Later, over an escalated petty fight over a telephone conversation, the appellant left for her maternal home.

The Bench was of the view that the wife’s frequent separation even, if temporary, for unjustifiable and invalid reasons, amounted to cruelty. The Bench further noticed that the appellant wife married the respondent knowing fully well that he was the only son of his parents and was bound to take care of them in their old age. However, she unjustifiably pressurised him to set up a separate residence, which amounted to cruelty.

Thus, finding no merit in the appeal, the Bench dismissed the same and confirmed the judgment of the Family Court.

Cause Title: A v. B (Case No.: CMA No. 2942 of 2026)

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