The family court had earlier allowed the divorce plea of the husband. (Image generated using AI)The Madras High Court recently upheld a divorce granted to a man, holding that a wife’s repeated and unjustified departures from the matrimonial home and her insistence that her husband set up a separate residence amounted to cruelty.A bench of Justices P T Asha and N Mala dismissed the woman’s appeal against a family court’s order granting divorce to her husband on the ground of cruelty.“…the appellant (wife) having married the respondent (husband) knowing fully well that he was the only son of his parents and was he bound to take care of them in their old age, unjustifiably pressurised him to set up separate residence which amounts to cruelty,” the order dated August 27 read. Justices PT Asha and N Mala dismissed the plea challenging the divorce granted to the husband.The husband alleged that his wife frequently left the matrimonial home and stayed at her parental home for months. According to him, she also insisted that he set up a separate residence.It was stated that although he owned a house and was the only son of his parents, he agreed to take a house on lease. He later shifted residence again to a place closer to her parental home. However, the husband alleged that she continued to leave him and return to her maternal home. Subsequently, he filed a divorce plea before a family court.The wife contested the allegations, claiming that she was forced to leave because of problems created by her husband and his parents, including alleged demands for dowry. She also alleged that her husband had an illicit relationship with another woman and had filed for divorce to avoid paying maintenance and remarry.The family court on the basis of oral and documentary evidence allowed the petition for divorce. Feeling aggrieved by the order, the wife moved high court.Story continues below this adThe high court noted, however, that the wife had not cooperated in the proceedings before the family court. While she was given several opportunities to lead evidence and contest her husband’s case, she did not subject herself to cross-examination or produce evidence to substantiate her allegations, the court noted.The court noted that even the wife’s own pleadings showed that the couple had shifted to a separate residence after she expressed unwillingness to live in a joint family. The husband had subsequently shifted their residence closer to her parents’ house as well.“The relationship of a husband and wife is a reciprocal relationship and cannot be at the dictates of either of the spouse. The matrimonial bond has to be nurtured with compassion, mutual adjustment and love,” the court said. It held that her frequent visits to the maternal house for unjustifiable reasons could amount to cruelty. Such conduct, it said, could leave a spouse with a sense of insecurity and fear that the other spouse may “pickup a fight” and leave “at the drop of a hat”.The court further noted that the woman had married the man knowing that he was the only son of his parents and would have to take care of them in their old age. Despite this, she had, according to the court, unjustifiably pressured him to establish a separate residence.Story continues below this adFinding no merit in the plea, the court dismissed the plea.Ashish Shaji is a Senior Sub-Editor at The Indian Express (Digital), where he specialises in legal journalism. Combining a formal education in law with years of editorial experience, Ashish covers court developments and key cases for the audience. Expertise Ashish is a law graduate (BA LLB) from IME Law College, CCSU. His work at The Indian Express focuses on translating the often-dense proceedings of courts into clear, legal content. He also runs liveblogs from the Supreme Court and various High Courts. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More Tags:Madras High Court