The Madurai Bench of the Madras High Court has dismissed a husband's appeal seeking divorce on the ground of mental cruelty, holding that the mere filing of a police complaint by a wife cannot automatically be treated as cruelty unless it is shown to be false or malicious.
Justice P. Vadamalai upheld the concurrent findings of two lower courts, which had earlier refused to dissolve the marriage between the parties.
Background of the Case
The dispute arose from a marriage solemnized in February 2011. The couple later lived in Hyderabad and had a son. The husband alleged that the relationship deteriorated due to repeated quarrels, threats, and what he described as hostile conduct by the wife.
According to him, the wife left the matrimonial home in August 2012 and subsequently lodged complaints against him and his family members. He claimed that these actions caused severe mental agony and damaged the marital relationship beyond repair.
Based on these allegations, he sought divorce on the grounds of cruelty and desertion.
The wife, however, disputed the allegations. She maintained that she had been subjected to harassment and had approached the authorities only to protect her rights. She also stated that she remained willing to continue the marriage.
Husband Relied on Criminal Complaint as Proof of Cruelty
Before the High Court, the husband's principal argument was that the wife had lodged criminal complaints against him and his family, which amounted to mental cruelty.
His counsel argued that the courts below had failed to appreciate the emotional distress caused by the complaints and the couple's long separation. It was also contended that the marriage had effectively broken down because the parties had been living apart for many years.
The husband relied on a Supreme Court judgment where false and defamatory complaints against a spouse were treated as mental cruelty.
Court's Observations
After examining the records, Justice Vadamalai found that the husband had failed to establish either cruelty or desertion.
The Court noted that while allegations were made about quarrels and misconduct by the wife, no independent witnesses had been examined to support those claims.
Significantly, the Court found that the husband had not proved that the police complaints filed by the wife were false.
The judgment recorded that the wife had produced medical records and documents relating to her complaints before authorities, while the husband had not effectively disproved those materials.
Referring to earlier judicial precedents, the Court observed:
“The litigation initiated by the wife is only to protect her rights... the said proceedings can never be considered to be a ground for mental cruelty.”
The Court emphasized that legal action taken by a spouse for protection of rights cannot automatically be viewed as cruelty merely because it causes inconvenience to the other side.
Long Separation Not Enough in This Case
The husband also argued that the parties had been living separately for over a decade and that there was no possibility of reunion.
However, the Court distinguished the Supreme Court decision cited by him, noting that the facts were entirely different. In the present case, there was no evidence that the wife had made defamatory complaints to the husband's employer or attempted to tarnish his professional reputation.
The Court further noted that the wife had consistently expressed willingness to resume cohabitation, including during the appeal proceedings.
“The petitioner has not established the grounds of desertion and cruelty,” the Court observed while agreeing with the findings of the trial court and the first appellate court.
Decision
Holding that no substantial question of law survived for consideration, the Madras High Court dismissed the husband's Civil Miscellaneous Second Appeal.
The Court confirmed the orders of the Additional Subordinate Court, Thanjavur, and the II Additional District and Sessions Court, Thanjavur, both of which had rejected the divorce petition.
No costs were awarded.
Case Details
Case Title: R.J. Sathish Kumar v. Nisha Priya
Case Number: C.M.S.A. (MD) No. 55 of 2021
Judge: Justice P. Vadamalai
Decision Date: 08 June 2026
