Madras High Court has granted divorce to a husband on the ground of mental cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, holding that unsubstantiated allegations of a sexual nature made by the wife against her husband and father-in-law constituted cruelty.

The Court allowed the husband’s appeals challenging the Family Court’s decision, which had previously dismissed his divorce petition and allowed the wife’s plea for restitution of conjugal rights

Conclusions

 

22. In view of the foregoing narrative, these Civil Miscellaneous Appeals are allowed and the Orders passed by the Family Court are set aside. The petition filed by the appellant / husband seeking to dissolve his marriage with the respondent is allowed, the petition filed by the respondent / wife seeking restitution of conjugal rights is dismissed, and their marriage is dissolved by a Decree of divorce. It is made clear that although these appeals are allowed and divorce is granted in favour of the appellant / husband, the respondent / wife as well as the minor child is entitled to claim maintenance / enhanced maintenance subject to the Hindu Adoption and Maintenance Act, 1956 or any other laws in force, from the appellant. This judgment, granting the dissolution of marriage, will not in any way affect the respondent’s right to claim maintenance. Considering the facts and circumstances of the case, there shall be no order as to costs. Consequently, connected Civil Miscellaneous Petition is closed.

To read the Judgment click here 👇🏻

Madras_High_Court_judgment___June_4__2025

All Rights Reserved (Vaibhav Tomar Adv)