Falsely Labelling Police Constable Husband As A Terrorist Cannot Be Ignored, Caused Severe Mental Torture: Madras High Court Grants Divorce

The bench of Justice G Jayachandran and Justice R Poornima also noted that the wife had left the minor child with the husband without taking care of the child, which would show that she was not interested in saving the matrimonial relationship.

“Having made all those allegations against her husband including extra marital affiar with a divorcee and suspected that he is having connection with terrorist group, cannot be ignored as an ordinary complaint or genuine one. The said complaint against the appellant, who was in uniformed sevice, natually would have cause several mental torture and cruelty which covers the definition of cruelty under the Act. This Court also taking note of the fact that the respondent had left the minor child, not taking care of him and the subsequent conduct would also indicate that she is not interested to save the marital relationship with the appellant,” the court said.

The husband had filed the appeal against the order of the Family Court refusing to grant him divorce on the ground of cruelty. He informed the court that he got married on April 2012 and had a male child through the marriage. At the time of marriage, he had been working as a Police Constable at Thirupatthur, Sivagangai District.

He submitted that the wife, wanting to be with her sister at Coimbatore, had been pressuring him to get a transfer, and when he refused to do so, the wife lodged a police complaint against him alleging cruelty. He also submitted that the wife had deserted him and their child and was living separately. He added that after instituting the divorce petition, the wife had even sent a complaint to the Chief Minister's Cell, branding him as a terrorist and having connections with foreign outfits.

The Family court, however, held that the allegations by the husband did not satisfy the definition of cruelty. The family court also disbelieved the contention of refusal of cohabitation noting that the couple had a child together. Regarding the allegations made in the complaint, the family court held that the complaint by itself would not amount to cruelty.

The high court, however, noted that due to the false complaint filed by the wife, the husband had even attempted to commit suicide, which ended in the initiation of departmental proceedings against him. The court also noted that the complaint filed by the wife could not be ignored and was cruelty. Based on the nature of the complaint of the wife, the court concluded that the husband had been put to mental cruelty by the wife, making the marital relationship unworkable.

Thus, the court thought it fit to interfere with the order of the family court and set aside the order. The court allowed the husband's plea and dissolved the marriage between the parties.

Counsel for the Petitioner: Mr. P Karthick

Case Title: ABC v. XYZ

Citation: 2025 LiveLaw (Mad) 102

Case No: C.M.A(MD)No.129 of 2019