The Madurai Bench of the Madras High Court has upheld a divorce decree after taking note of the prolonged separation between the spouses, their lack of cohabitation for years, and the husband’s boycott of his daughter’s marriage function.
A Division Bench of Justice G.R. Swaminathan and Justice M.D. Sumathi dismissed the appeal challenging the divorce granted by the Family Court, Thanjavur.
The parties were married on November 22, 1990, according to Hindu rites and customs, and had two children. According to the judgment, they had not lived together since 2016 and there had been no cohabitation since 2014.
The wife had approached the Family Court seeking divorce on the grounds of cruelty and desertion. The husband opposed the petition. Both sides produced oral and documentary evidence, including testimony from their children.
The Family Court, Thanjavur, allowed the divorce petition on December 2, 2021, and dissolved the marriage. The husband then approached the High Court challenging that decision.
During the appeal, an allegation concerning an alleged relationship involving the wife of the appellant's deceased brother was raised. The Bench noted that the wife had sought divorce on cruelty and desertion, rather than adultery. It also pointed out that the woman concerned had not been made a party to the proceedings. The Court therefore declined to examine that allegation in depth.
The Bench also considered allegations that the husband had not contributed towards the children's maintenance and educational expenses. The children had deposed against their father. The Court further noted an allegation concerning his absence from necessary family rituals, including his daughter's marriage.
The Bench observed:
“This would no doubt qualify as a form of cruelty. Be that as it may, when there is no cohabitation since 2014 and the parties are remaining separate since 2016, this itself in our view would constitute cruelty to both the parties.”
Finding no reason to interfere with the Family Court's order, the Madras High Court dismissed the Civil Miscellaneous Appeal. The Court also ordered that there would be no costs.
-300x169.webp)
