Case at a Glance
A husband sought divorce for cruelty, alleging disparaging remarks, suspicion, an assault and the wife's departure to her mother's home. The Family Court, Theni, dismissed his petition. The Madras High Court agreed: his allegations were uncorroborated, ordinary questions about late returns were not cruelty, and childlessness cannot be treated as a matrimonial fault. The wife's medical treatment and her willingness to resume cohabitation showed she had not abandoned the marriage. Long separation was not a ground. The appeal was dismissed.
Background
The parties married on 18 June 2007 at Theni and have no children. The husband alleged disparaging remarks, suspicion, an assault in June 2016, and the wife's departure to her mother's home in Dindigul. The wife denied the allegations, said the husband drank and rode while drunk, which she objected to, and said her treatment for childlessness showed she sought to preserve the marriage.
On 1 March 2022 the Family Court, Theni, dismissed the husband's petition under Section 13(1)(ia). He appealed.
The Question Before the Court
Did the husband prove cruelty, and can childlessness or long separation justify divorce?
No Fault in Childlessness
The Court found the husband's allegations, including the 2016 incident and the remarks, uncorroborated by independent evidence; neither party had lodged a police complaint. Questions about late returns and visits to the wife's family were not cruelty or desertion.
Applying Samar Ghosh, the Court held that childlessness cannot be treated as a matrimonial fault, and that the wife's treatment and her willingness to resume cohabitation showed she had not abandoned the marriage. Prolonged separation and irretrievable breakdown were not grounds under Section 13(1)(ia). Finding no perversity, the Court dismissed the appeal and confirmed the Family Court's decree, without costs.
What the Court Held
- The husband's cruelty allegations were uncorroborated.
- Ordinary questions about late returns are not cruelty.
- Childlessness cannot be treated as a matrimonial fault.
- Long separation is not a ground; the appeal was dismissed.
Why It Matters
- Courts will not penalise a spouse for being unable to have children.
- Efforts to save a marriage weigh against a cruelty claim.
- Uncorroborated allegations rarely succeed in contested divorces.
For Litigants / For Counsel
For litigants
- Childlessness is not a ground for divorce.
- Support your allegations with independent evidence.
For counsel
- Corroborate incidents through witnesses or complaints.
- Do not rely on separation alone where cruelty is pleaded.
Key Takeaways
- Allegations uncorroborated.
- Childlessness not a fault.
- Separation not a ground.
- Appeal dismissed.
FAQs
Can childlessness justify divorce?
No. The Court held it cannot be treated as a matrimonial fault.
Why did the husband's case fail?
His allegations were not corroborated.
Was long separation enough?
No. It is not a ground under Section 13(1)(ia).
Conclusion
The Madras High Court refused to let childlessness or ordinary marital friction be dressed up as cruelty.
Practical takeaway: a spouse's effort to save a marriage counts in their favour.