Prolonged separation and filing criminal case with grave allegations amount to cruelty to husband: Madras HC

The Madurai Bench of the Madras High Court recently held that prolonged neglect and separation from husband coupled with filing of criminal case containing grave allegations against him would amount to mental cruelty entitling him to divorce [Muthukumar Vs Karpagavalli].

A Division Bench of Justices GK Ilanthiraiyan and R Poornima made the observation while allowing a plea by a man seeking divorce.

"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," the Court said.

Hence, it set aside a 2020 order of the a family court at Thoothukudi which had refused divorce.

The parties to the case were married in June 2000 and two daughters were born out of the wedlock. The husband, a mechanical engineer, secured a job in Hyderabad, where the couple initially lived together.

According to the husband, the wife later began behaving aggressively, damaging household articles and also gave suicide threats. He also alleged that she frequently suspected his character and subjected him to mental harassment.

He further claimed that the wife developed an illicit relationship and eventually deserted him and the children. The husband stated that he resigned from his job in 2015 to take care of their daughters, who have since remained in his custody.

The husband issued a legal notice seeking divorce in May 2015 and later filed a petition on the ground of cruelty.

The wife denied the allegations and instead accused the husband of alcoholism and neglect. She claimed that she had taken care of him during a cardiac ailment and that it was he who had subjected her to cruelty.

She also filed a domestic violence complaint making allegations of harassment and dowry demand against the husband and his family.

The family court at Thoothukudi dismissed the husband’s divorce petition, holding that he had failed to prove allegations of cruelty and adultery. It further held that even if acts of cruelty were assumed, they stood condoned since the parties had lived together during the pendency of the proceedings.

Based on this reasoning, the family court refused to dissolve the marriage.

The husband then moved the High Court.

The High Court disagreed with the family court's findings.

“The ground on which the trial Court dismissed the divorce petition does not appear to be proper,” the High Court said.

The Bench noted that after the husband filed the divorce petition, the wife initiated domestic violence proceedings making serious allegations against him and his family members.

“While the respondent made several serious allegations in the domestic violence petition, she now claims that she is willing to live with the appellant, which appears to be exaggerated.”

The Court also took into account that the domestic violence case was ultimately dismissed.

On facts, the Court held that the husband had established cruelty.

The husband had also alleged adultery. However, the Court found that the allegation was not established, particularly since the alleged third party was not impleaded in the proceedings.

In conclusion, the Court held that cruelty was independently made out on the basis of the wife’s conduct.

Hence, it allowed the husband's appeal, set aside the family court’s order and dissolved the marriage between the parties.

The husband was represented by advocates S Sharma and K Veilmuthi.

The wife was represented by advocate S Satish Kumar.

[Read Judgment]