Continuous separation since 2016 and lack of cohabitation since 2014 deemed sufficient to establish cruelty; husband's absence at daughter's marriage rituals highlighted as additional cruelty
In a significant ruling dated August 19, 2026, the Division Bench of the Madurai Bench of the Madras High Court dismissed an appeal challenging the dissolution of marriage between V. Jothi Mani and J. Vasantha. The court upheld the Family Court, Thanjavur's decision granting divorce on the grounds of cruelty and desertion under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955.
The marriage solemnized on November 22, 1990, bore two children, but the couple had been living separately since 2016, with no cohabitation since 2014. The wife had filed for divorce alleging cruelty and desertion, supported by evidence including her own testimony and that of their children.
The wife's petition detailed the husband's failure to contribute to maintenance and the children's educational expenses, as well as his refusal to participate in their daughter Priyadarshini's marriage rituals. The court observed that such conduct inflicted mental anguish on the wife and constituted cruelty. Although the wife also alleged illicit intimacy on the husband's part with his deceased brother's wife, the court declined to delve into this unproven allegation as the concerned third party was not made a respondent in the case.
The husband, who served as a Headmaster, and the wife, employed in BSNL, had effectively ceased marital relations years prior to the divorce filing. The court emphasized that continuous separation without cohabitation for an extended period itself amounted to cruelty to both parties, justifying the dissolution of marriage.
Reiterating the principle that mental cruelty need not always be physical or overt but may arise from neglect and emotional suffering, the court found no reason to interfere with the Family Court's decision. The appeal was dismissed with no order as to costs.
This judgment reinforces the jurisprudence that prolonged separation and lack of marital relations can be grounds for divorce on cruelty and desertion, reflecting the courts' sensitivity to the emotional hardships endured by spouses in such circumstances.
Bottom Line:
Continuous separation and lack of cohabitation between married parties for a prolonged period can constitute mental cruelty, justifying the grant of divorce.
Statutory provision(s):
Hindu Marriage Act, 1955 - Sections 13(1)(ia), 13(1)(ib)
V. Jothi Mani v. J. Vasantha, (Madras)(Madurai Bench)(DB) : Law Finder Doc Id # 2972028
