Wife's Frequent Visits To Maternal Home, Pressure To Live Separately Despite Husband Being Only Son Amounted To Cruelty: Madras High Court

The bench of Justice PT Asha and Justice N Mala thus refused to interfere with an order of a Family Court, granting divorce to the husband on the grounds of cruelty.

“We are also of the view that the appellant having married the respondent 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 court said.

The court remarked that the relationship of a husband and wife was reciprocal and could not be dealt as per the dictation of either of the spouses. The court added that when the wife visits the matrimonial home frequently, without any valid reason, it creates a sense of insecurity in the husband's mind, as he may be left with a fear of the wife leaving him.

“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 frequent visits of the appellant to her maternal house, leaving the respondent, for no valid reasons, create a sense of insecurity in the respondent's mind and in our view, such frequent separation even, if temporary, for unjustifiable and invalid reasons, amounts to cruelty since the respondent cannot be left with a fear that his wife may pickup a fight with him and leave him at the drop of a hat,” the court said.

The court was hearing an appeal filed by the wife against the order of the Family Court allowing the husband's petition for divorce.

The couple had gotten married in June 2019. According to the husband, soon after the wedding, the wife did not accompany him to the matrimonial home after marriage and only came to the matrimonial home after persuasion by the husband and his parents. The husband alleged that after 2 months, the wife went to her maternal home and did not return for almost 4 months. When the husband and his parents requested her to come back, the wife refused and used abusive and inappropriate language.

The husband had argued that for family honour, he tolerated the wife's conduct. Later, the wife insisted him to set up a separate house. However, even after setting up a separate residence, the wife stayed there only for a month and forced him to move to another house near her parents' house. The husband also submitted that one day, after a quarrel over a phone call, the wife had left the home and did not return. Thus, the husband had approached the court for divorce.

The wife, on the other hand, argued that the couple moved to a separate house only due to the problems created by the husband's parents for not bringing dowry. She submitted that even after a girlchild was born to the couple, the husband did not come to meet the baby. It was also argued that the divorce plea was filed by the husband only to deprive her of maintenance and to remarry.

The court took note of the proceedings before the family court and noted that the wife had not cooperated for the trial and did not subject herself to cross-examination. The court also noted that the wife did not adduce any evidence.

The court noted that the wife had forced the husband to set up a separate residence even after knowing that he was the only son and at the same time, continued to stay in her maternal home for months together without any valid reason. This, in the opinion of the court, constituted cruelty.

Thus, finding no merit in the appeal, the court was not inclined to interfere with the order of the Family Court and dismissed the appeal.

Counsel for Appellant: Mr. L. Albert Vinod

Case Title: S v S

Citation: 2026 LiveLaw (Mad) 438

Case No: CMA No. 2942 of 2026