The Madurai Bench of the Madras High Court has dissolved a marriage by mutual consent after the husband agreed to fulfil financial obligations of ₹2.5 crore towards his wife and their two children.
A Division Bench comprising Justice G.R. Swaminathan and Justice M.D. Sumathi passed the common judgment on September 23, 2026, while deciding two connected Civil Miscellaneous Appeals arising from proceedings before the Family Court, Theni.
The couple married on February 9, 2011, at Tiruvannamalai according to Hindu rites and customs. At the time, both were employed at Sri Venkateshwara Medical College Hospital, Pondicherry. They have two children, born in 2012 and 2016.
The husband, who already held an M.D. degree, pursued a D.M. Cardiology course, while the wife stayed with her parents at Theni to facilitate his further studies and take care of the family. He completed the course in 2017 and later sought an FNB qualification in Interventional Cardiology, continuing his monthly visits to Theni.
The arrangement continued until April 2020, when, during the COVID-19 period, the husband joined the wife and her parents and stayed with them. The judgment records that differences subsequently arose between the spouses. The husband wanted to move out of his in-laws' house as his professional prospects improved, while the wife did not agree to the arrangement. The situation worsened, and the judgment records that a physical scuffle also appears to have taken place.
The wife thereafter filed H.M.O.P. No.84 of 2022 before the Family Court seeking restitution of conjugal rights, while the husband filed a petition seeking dissolution of the marriage on the ground of cruelty.
The husband's petition was later transferred to the Family Court, Theni and renumbered as H.M.O.P. No.36 of 2023. Both petitions were heard together, but the Family Court dismissed them by order dated August 1, 2024. Both parties then challenged that order before the Madras High Court, resulting in the two connected appeals decided by the Division Bench.
The High Court noted that the parties had been living separately for more than five years and that their relationship had broken down beyond repair. The Bench also considered the respective roles played by both spouses during the marriage, including the wife's role in caring for their two children while the husband pursued further professional qualifications.
The Court observed:
"If there can be house wives, there can be house husbands also. Let this become a new normal. We are of the view that this would help preserve the institution of marriage and family. The expression home maker is gender neutral. Oxford Advanced Learner’s Dictionary defines “home maker” as a person who works at home and takes care of the house and family. The Hon’ble Supreme Court has been underlining the fact that the tasks carried out by a house wife as a home maker have enormous economic value."
The Bench recorded that it called both parties to appear in person. During the proceedings, the husband agreed to pay ₹2.5 crore, while the wife accepted the proposal. Both parties agreed that the marriage could be dissolved by mutual consent.
The High Court set aside the Family Court's August 1, 2024 order in both proceedings and dissolved the marriage by a decree of divorce by mutual consent.
Under the arrangement recorded by the Court, the husband must deposit ₹1.5 crore in the wife's bank account within three months. He must also deposit ₹50 lakh each in favour of their two minor children within the following one year. The appeals were disposed of accordingly, with no order as to costs.
Case Title: V v. A
Case Number: CMA(MD) No. 1257 of 2024 and CMA(MD) No. 1446 of 2024
