No point in keeping marriage alive if husband and wife abusive and cruel to each other: Madras High Court

The Madras High Court recently dissolved a marriage after noting that both the husband and the wife were equally cruel to each other and used to engage in abusive and vulgar criticism of each other's family members. .A division bench of Justices G Jayachandran and C Kumarappan, while dissolving the marriage, said that when a couple is engaged in war of words and abuse, there is no point in keeping the marriage alive."On reading the exchange of abusive words (through email and messages) by the parties, this account holds that the appellant (husband) as well as the respondent (wife) equally caused cruelty and it cannot be attributed to the wife or the husband alone. When both the husband and wife are engaged in war of words, abuse and vulgar criticism of family members, without any remorse, it is not worthy to retain their marital relationship," the bench said in the order pronounced on February 23. .The marital tie, which has become worthless and deadwood, is bound to be dissolved, the bench added. "Therefore, without weighing who has caused more cruelty than the other, this court allows this appeal holding that it is not the cruelty alleged by the husband alone also the cruelty caused by the wife on the husband put together has sufficiently injured the marital bond. Thus, this court is forced to dissolve this marriage," the Court ordered. .The Court noted that a family court in Srivilliputhur had in October 2022, dismissed the husband's plea for divorce on grounds of cruelty. The couple got married in November 2017. However, things turned sour and they parted ways. The husband claimed that the wife had harassed him continuously from January 2020 to October 2020 by sending abusive emails and messages. She had also lodged a case of cruelty under Section 498A of the Indian Penal Code case against the husband and his family members, it was pointed out. The wife on the other hand alleged that since her husband was working on a ship, he used to return home only after 6 to 9 months and during this time, her in-laws subjected her to mental and physical torture. While the husband accused the wife of not showing cooperation in physical intimacy, the wife alleged that her husband had a low sperm count and she could only conceive after his treatment. However, she alleged that her mother-in-law and sister-in-law, pushed her from stairs as a result of which she suffered a miscarriage and thereafter she was not allowed to enter the matrimonial home, compelling her to leave the same and move to her parental house. .The Court after noting the contentions and the material on record, said the "bloated ego" of the parties have "screened their senses.""The abusive words used against each other does not indicate any scope to re-unite or intention to mend their behaviour to save their marital bond. This court even restrained the husband's counsel from reading the contents of the emails in the open court since it was not worthy reading in public," the bench said. The parties are well educated and thus could have saved the matrimonial relationship, if they had the intention to save it. They have not been living together for the last five years, the Court observed further."The question is whether the exchange of cruelty between the parties which has led to separation for more than 5 years and reached the stage of no return can be kept under suspended animation forever. This court cannot afford to ignore the fact that the parties are living separately for more than five years, the parties have crossed 35 years of age and unless and until they are certain about their marital status at the earliest, it will be difficult to decide their future. Any delay may cause further escalation of discord and acrimony," the bench added in its order. .Advocates Dr G Krishnamoorthy and JB Solomon Peter Kamal Doss appeared for the husband. Advocate M Prabhu represented the wife.