The Madurai Bench of the Madras High Court has set aside a family court order that had denied a 67-year-old man's plea for divorce, calling the trial judge's reasoning unusual and unsustainable. A division bench of Justice G.R. Swaminathan and Justice M.D. Sumathi allowed the civil miscellaneous appeal on August 19, 2026, and granted divorce after finding the marriage had broken down beyond any hope of repair.
Background of the Case
The couple married in 1992 at Thevarambur following Hindu rites, and four children were born from the marriage. In 2014, the husband approached the Family Court, Sivagangai, seeking divorce, alleging that his wife was in an adulterous relationship with another man. However, that man was never made a party to the case - something the High Court noted is usually fatal to an adultery plea.
The Family Court dismissed the husband's petition in September 2021, but not on that technical ground. Instead, the trial judge held that since the husband had moved to Mumbai for work without taking his wife along, he could not accuse her of adultery, reasoning that he was "taking advantage of his own wrong."
Court's Observations
The High Court found this logic hard to accept. The bench observed:
"It may not always be feasible to take the wife along. Suppose the husband is a soldier, it is not possible to set up a marital home in the army barracks. The wife could be gainfully employed."
The judges added that while the trial court's approach might appeal to some as progressive, they could not endorse it, remarking that a wife "cannot be expected to conduct herself like the pug in the unforgettable vodafone ad."
Turning to the facts, the bench noted the couple had lived separately for a full 16 years, with the wife never attempting reconciliation - not even through a letter. Relying on a 2023 Supreme Court ruling, the bench held that such prolonged separation and breakdown of the relationship itself amounts to cruelty under the Hindu Marriage Act.
Decision
Holding that reconciliation efforts before the bench had failed and that the marriage was beyond repair, the High Court dissolved it and granted divorce. The husband was directed to pay Rs. 7 lakh as alimony to the wife, with the divorce decree taking effect only once this amount is deposited with the Family Court, Sivagangai.
The appeal was allowed with no order as to costs.
