Sunday, April 1, 2018

Adamant behaviour, desertion by wife do not amount to cruelty: Madras High Court

By Express News Service | Published: 31st March 2018 01:57 AM |

Last Updated: 31st March 2018 05:34 AM



The Madras High Court (File)

CHENNAI: Holding that the alleged adamant behaviour of a wife, her desertion from the matrimonial house and a police complaint alleging harassment by the husband would not amount to cruelty, a Division Bench of the Madras High Court has confirmed the orders of a family court here rejecting the husband’s plea for divorce and allowing his wife’s plea for restoring the conjugal rights.

The main allegation of cruelty from the man was that his wife was very adamant from the beginning and she left the matrimonial home on July 13, 2010, without any valid reason. She also allegedly lodged a criminal complaint, which led to the appellant to move the court for anticipatory bail.

The wife had also admitted in her evidence that she left the matrimonial home in July 2010 as she was not treated properly.

“Therefore, it cannot be said that she left the matrimonial home without any justifiable reason,” a Bench of Justices A Selvam and P Kalaiyarasan said on March 12 and dismissed the appeal from the husband.

According to appellant, he got married in 2009 and they had no children. While so, she left his house in July 2010, taking all her belongings. She also alleged that he was impotent and subjected her to harassment. She lodged a complaint against him.

While the husband moved the family court seeking divorce, the wife filed a petition for restoration of her conjugal rights. By a common order dated August 30, 2017, the VI Additional Family Court rejected the plea of the husband and allowed the plea of the wife. Hence, the present appeal before the High Court.

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