Synopsis

Husband with Rs 45,000 salary started living in rented house because of wife’s pressure to live separately from his parents; Madras HC says this is cruelty and upholds divorce. Justice P.T. Asha and Justice N. Mala of the Madras High Court heard this case.

A recent Madras High Court judgement shows how much suffering a husband had to go through just because he is a single child who chose to live with his parents, but his wife did not want that and insisted upon living separately. The Madras High Court ruled that they are of the view that she committed cruelty on him as when she married him, she fully knew that he was the only son of his parents and was he bound to take care of them in their old age, however, unjustifiably she pressurised him to set up separate residence.



Justice P.T. Asha and Justice N. Mala of the Madras High Court observed that the family court rightly pointed out that despite being an only son of his parents and owning an own house, at her instigation, he set up a separate rented residence for them.



The Madras High Court said that 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 Madras High Court observed that her frequent visits to her maternal house, leaving him, for no valid reasons, create a sense of insecurity in his mind. Thus the Madras High Court said that in their view such frequent separation even, if temporary, for unjustifiable and invalid reasons, amounts to cruelty since he cannot be left with a fear that his wife may pickup a fight with him and leave him at the drop of a hat.



On August 27, 2026 he won the case in Madras High Court on cruelty grounds.



Also read: Mental cruelty: Wife pressured husband to abandon mother, sister; Delhi High Court grants divorce to husband on this ground

Why did the husband win the case?

Advocate Amitraj Kaushal practicing in the Supreme Court of India said to ET Wealth Online that the Madras High Court held that the wife’s conduct amounted to matrimonial cruelty on the cumulative facts established before the Family Court.



The Madras Court particularly noted her repeated and prolonged visits to her maternal home without sufficient justification, which resulted in frequent separation from the husband and created a sense of insecurity in the matrimonial relationship.



The Madras High Court also considered it significant that she insisted upon a separate residence even though the husband was the only son of his parents, and that he had accommodated her request by establishing a separate household and subsequently shifting it closer to her parental home. However, still she left her matrimonial home.



According to Kaushal the Madras High Court emphasised that a marriage requires mutual adjustment, compassion and cooperation, and in the light of the circumstances of this case held that repeated, unjustified separation and conduct of the wife amounted to cruelty. The Family Court’s decree of divorce was therefore upheld.



Also read: Wife called husband ‘Paaltoo Chooha’, beat him before his mother: HC grants him divorce with Rs 5 lakh permanent alimony

How did this happy marriage end up in such bitter cruelty

The marriage and relationship did not get cruel in one day. You need to understand the circumstances under which this happened.



On June 6, 2019 the marriage took place at Kalyana Vedhika Thirumana Mahal, Thiruppathi, in the presence of family members, well-wishers and friends. However, she did not accompany him to the matrimonial home after the marriage and that he had to go to his house alone.



After much persuasion by him and his parents, she returned to the matrimonial home and that she lived only for two months. Thereafter, she left to her maternal home in the month of Aadi and did not return for four months. He also alleged that for the sake of family honor, he tolerated her conduct and repeatedly invited her to live with him. However, whenever he asked her to live with him, she insisted him to set up a separate house for her.



Even though he was a B.E. graduate and working in a private bank and was earning salary of Rs 45,000 per month, he succumbed to her demands and took a rented house despite owning a house.



He thought if he fulfilled her demand of setting up a separate residence for them they would live happily ever after. But this did not happen. She only stayed for a month and coerced him to move to another house in Manjakuppam as it is nearer to her parents house.



To his demand also, he agreed and thought now she would be happy. But then again, the happiness proved to be temporary as one fine day, when he returned from work, he found her talking with someone over phone and when he asked who that person was, she got agitated.



A massive fight broke out between them over this phone call and ultimately she packed her bags and left for her maternal home.



Thereafter, he repeatedly requested her to come back but for no valid reason, she refused to live together. Later on, she filed a maintenance case against him. By this time it was clear to him that the marriage with her is no longer possible, so he filed a divorce case on cruelty grounds.



She told the court that she lived with him happily in his house, even though his parents often created problems to her for not bringing dowry. When asked she admitted to court that they moved to a separate rental house, but she attributed the setting up of separate residence to the problems created by his parents.



She also alleged that it was he who chased her out of the matrimonial home and so, under this situation and in order to protect her child in the womb, she shifted to her parents house. She also went as far ahead to allege that he was having an illicit relationship with another women and that only to deprive her of maintenance and to remarry, he filed the divorce petition.



However, the Family Court found that her allegation that she was driven away from the matrimonial home by him and his parents was not proved by her by leading cogent evidence.

Madras High Court discussion

The Madras High Court said that from her counter affidavit the allegation that she pressurised him to set up separate residence is established.



In her counter affidavit, she admitted that after she expressed her unwillingness to live as a joint family, he took a house on rent and set up separate residence and thereafter, he shifted the residence to a place nearer to her parents house. Later, over an escalated petty fight over a telephone conversation, she left for her maternal home.



The Madras High Court said: “We are also of the view that 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.”



Thus the husband won the divorce case on cruelty grounds.

(Join our ETWealth WhatsApp channel for all the latest updates)

Add as a Reliable and Trusted News Source
Add Now!

(Catch all the Personal Finance News, Breaking News, Budget 2025 Events and Latest News Updates on The .)

…more