Wife’s unwillingness to live with husband is valid ground to grant divorce: Madras high court

CHENNAI: A wife's statement that she is not willing to live with her husband is a valid ground to grant divorce, Madras high court has said. Forcing the husband and wife to live together, that too, when the wife herself had stated that she is not interested in living with the husband, is not sustainable, the court added.

A division bench of Justice M Dhandapani and Justice A D Maria Clete passed the order while setting aside an order passed by a Karaikal family court dated May 22, 2020, denying divorce on a plea moved by the husband. According to the husband, who is a hearing and speech impaired person, the marriage between him and his wife was solemnized on Sept 8, 2013, at Thirunallar as per the Hindu rites and customs.

They have a male child. Subsequent to the marriage, there was a misunderstanding between the couple and the wife refused to live with the husband.

She frequently stayed with her parents. Even though the husband was prepared to leave his mother and mentally ill sister, the wife refused to join with him.

Therefore, he moved the family court seeking to dissolve the marriage. "Even a bare perusal of the cross examination of the wife would reveal that she has categorically stated that she is not interested in joining the petitioner.

Though such a statement was made before the family court, it refused to grant divorce," the husband said. Allowing the appeal moved by the husband, the court set aside the family court order and held that the marriage solemnized between the husband and wife on Sept 8, 2013, is dissolved.

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Key quotes

• “Even a bare perusal of the cross examination of the wife would reveal that she has categorically stated that she is not interested in joining the petitioner. Though such a statement was made before the family court, it refused to grant divorce,”