Marital Relationship Not Worth Saving When It Has Become Worthless & Deadwood, Both Parties Engaged In Abuse & Cruelty: Madras High Court

Justice G Jayachandran and Justice C Kumarappan were hearing a challenge against an order from the Family Court refusing to dissolve the marriage between the parties. The court, after going through the exchanges between the parties, which were bordering vulgarity and obscenity, noted that the marriage was bound to be dissolved. The court observed that the cruelty committed by the parties against each other had injured the marital bond.

“On reading the exchange of abusive words by the parties, this Court holds that the appellant as well as the respondent equally caused cruelty and it cannot be attributed to the respondent or the appellant alone. When both the appellant/husband and respondent/wife are engaged in war of words, abuse and vulgar criticism of family members remains without any remorse, it is not worthy to retain their marital relationship,” the court observed.

The appellant husband and the respondent wife got married in 2017. In 2018, the husband took a job abroad and the wife left to her parents' house which caused discord between the parties. The court noted that the parties made various allegations against each other.

In 2020, the husband filed a petition stating that he had been regularly harassed by his wife over e-mails and phone between January 2, 2020 to October 18, 2020. He had also submitted that the wife had lodged a false complaint alleging that the husband and his family had demanded dowry and harassed her. The husband thus contended that the marriage had frozen and was irretrievably broken.

The wife, on the other hand, submitted that the husband and his family had caused cruelty and forced her to leave the matrimonial home. She submitted that she was ready to join and live with her husband but he had no intention to save the marriage. She had also submitted that the husband had married another lady and was living with her.

The court, after going through the communication between the parties since 2019, opined that both parties were beating around the bush and making accusations against each other and their family. The court added that the abusive language used by the parties would show that there was no scope for reunion or mending the bond.

“The bloated ego has screened their sense. The abusive words used against each other does not indicate any scope to re-unite or intention to mend their behaviour to save their marital bond. This Court restrained the counsel for the appellant from reading the contents of the e-mail in the open Court, since it was not worthy reading in public. The parties are well educated. They could have saved the matrimonial relationship, if they had intention to save,” the court said.

The court thus observed that both parties were equally responsible for the separation and causing mental cruelty. The court added that any remote possibility of re-union also weakened as the wife suspected the husband of remarrying.

The court thus dismissed the order of the Family Court and dissolved the marriage between the parties.

Counsel for the Appellant: Dr.G.Krishnamoorthy for Mr.J.B.Solomon Peter Kamal Doss

Counsel for the Respondents: Mr.M.Prabu

Citation: 2024 LiveLaw (Mad) 88

Case Title: ABC v XYZ

Case No: C.M.A.(MD)No.44 of 2024

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