Court directs payment of Rs. 7 lakhs alimony, holds long separation and absence of cohabitation as cruelty under Hindu Marriage Act, 1955
In a significant judgment delivered on August 19, 2026, the Madurai Bench of the Madras High Court (Division Bench) dissolved the marriage between AL. Kannan and Panchavarnam on the grounds of cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The Court observed that the marriage had irretrievably broken down due to a long separation of 16 years, absence of cohabitation, and bitterness between the parties, which constituted cruelty warranting divorce.
The petitioner, AL. Kannan, had initially filed a petition for divorce before the Family Court, Sivagangai District, which was dismissed. The petitioner's claim included allegations of adultery against the respondent, Panchavarnam, but failed to implead the alleged paramour as a party, which the Court noted was a fatal procedural lapse. The trial court had denied relief based on the petitioner's prolonged separation from the respondent, holding that he was taking advantage of his own wrong by living apart. However, the High Court rejected this reasoning, clarifying that the husband's employment-related separation could not be considered misconduct barring him from seeking divorce.
The Court referred to the Supreme Court's recent precedent in Shri Rakesh Raman v. Kavitha (2023 SCC Online SC 497), which recognized that a long separation coupled with the absence of cohabitation and irreparable bitterness amounts to cruelty under the Act. Highlighting that the parties had four children but no hope of reunion, the Court emphasized that continued marriage in such circumstances would sanction mutual cruelty.
Consequently, the Madras High Court set aside the Family Court's order and granted the divorce. As per Section 25 of the Hindu Marriage Act, the Court also directed the petitioner to pay Rs. 7 lakhs as alimony to the respondent. The decree of divorce was made effective only upon the deposit of this amount in the Family Court, which the respondent could withdraw thereafter.
This judgment reinforces the principle that where the marital relationship is beyond repair, the Court can dissolve the marriage on cruelty grounds, including long separation and absence of cohabitation, thereby protecting parties from enduring untenable matrimonial bonds.
Bottom Line:
A marriage irretrievably broken down due to long separation, absence of cohabitation, and bitterness between the parties can be dissolved on grounds of cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
Statutory provision(s):
Hindu Marriage Act, 1955 Sections 13(1)(ia), 23(1)(a), 25
AL. Kannan v. Panchavarnam, (Madras)(Madurai Bench)(DB) : Law Finder Doc Id # 2972029
