close
close

The Madras Supreme Court provides divorce

The Madras Supreme Court provides divorce

Despite the divorce with the police constable, the Supreme Court of Madras recently noted that his wife claims that he has an extramarital business and that he has a connection with terrorist organizations, cannot be ignored because it will cause serious mental torture and be a mental cruelty.

Bench Justice g jayachandran and Justice r poornima She also noted that the wife left a minor child with her husband, not taking care of the child that she would not be interested in saving a marriage.

Expressing all these accusations against her husband, including an additional marriage with a divorce and suspected that he had a connection with a terrorist group, could not be ignored as a common complaint or a real one. This complaint about the appellant who was in the form of a uniform, Nature would cause several mental torture and cruelty, which covers the definition of cruelty in accordance with the law. This court also took into account the fact that the respondent left a minor child without taking care of him, and further behavior also indicates that she is not interested in saving marital relations with the applicantsaid the court.

The man appealed against the order of the family court, which refused to give him divorce on the basis of cruelty. He informed the court that he married in April 2012 and had a man’s child through marriage. At the time of marriage, he worked as police in Tyrataturu, the Sivagangai district.

He argued that the wife, who wanted to be with her sister in a Coimbator, pressed on him to receive the transfer, and when he refused to do so, his wife filed a complaint against him against him, claiming cruelty. He also argued that his wife left him and their child and lives separately. He added that after the introduction of a petition of divorce, his wife even sent a complaint to the chamber of the Chief Minister, branding him as a terrorist and having ties with foreign outfits.

The family court, however, ruled that the accusations of a man did not satisfy the determination of cruelty. The family court also did not believe the dispute with the refusal of cohabitation, noting that the couple had a child together. Regarding the charges of the complaint, the family court ruled that the complaint would not be cruel in itself.

The Supreme Court, however, noted that due to a false complaint with his wife, the husband even tried to commit suicide, which ended with the proceedings of the department against him. The court also stated that the complaint, filed by his wife, could not be ignored and was cruel. Based on the nature of the wife’s complaint, the court came to the conclusion that the husband was put to his mental cruelty with his wife, making marital relations not working.

Thus, the court considered it necessary to interfere with the order of the family court and postpone the order. The court admitted the request of the man and dissolved the marriage between the parties.

Applicant’s lawyer: Mr. P Cartic

Title of Case: ABC vs. Xyz

Quote: 2025 Livelaw (Mad) 102

Case No.: CMA (MD) No. 129 of 2019

https://www.youtube.com/watch?v=GX-thhc2Kys