Wife being in matrimonial home along with son due to cruelty by in-laws and working on projects for income cannot be considered mental cruelty to the husband: Madras High Court
The Madras High Court passed a judgement on 21st of April, 2023 in which it dismissed the husband’s petition for divorce on the basis of mental cruelty. This was seen in the case of M. Narayanan v. S.Valli Krishnaveni (C.M.S.A(MD)No.3 of 2019) and the case was presided over by The Honourable Mr. Justice R. Vijayakumar
FACTS OF THE CASE:
The petitioner, filed for a divorce from his wife on the basis of mental cruelty. He contended that the wife abused him for his physical disability and did not let him see his son among many other things. He also argued that the wife was always on her laptop and phone.
The wife on the other hand filed a counter disputing all claims. She argued that she had to move away to her matrimonial home due to the cruelty of her in-laws. She was working on her project and was earning for the family.
JUDGEMENT:
The learned single judge after listening to the contentions of both parties, dismissed the petition of the husband. It was established by the court that the current situation does not qualify as a irretrievable breakdown of marriage as contended by the husband. Wife being in matrimonial home along with son due to cruelty by in-laws and working on projects for income cannot be considered mental cruelty to the husband. The court found no merits in the appeal.
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JUDGEMENT REVIEWED BY SWETA SHOUMYA