Madras High Court: Wife's Litigation for Rights Not Mental Cruelty, Divorce Decree Set Aside
In a recent ruling, the Madras High Court overturned a divorce decree granted by a lower court on grounds of mental cruelty. Justice R Vijaykumar of the Madurai bench emphasized that when a woman initiates litigation to protect her rights, it cannot be deemed as intentional harassment towards her estranged husband.
The court observed that the divorce petition lacked sufficient evidence of mental cruelty and desertion, and the husband's testimony failed to support his allegations. Justice Vijaykumar emphasized that the wife's legal actions were aimed at safeguarding her property rights and securing custody of her child, rather than deliberately causing distress to her husband.
The case before the High Court involved an appeal filed by a woman challenging a lower court's decision in favor of her estranged husband's divorce petition. The lower court had ruled in favor of the husband, citing continuous harassment by the wife through successive petitions, even though there were no specific instances of cruelty.
During the proceedings, it emerged that the husband had left the marital home and remarried without obtaining a divorce. The dispute primarily centered around child custody and ownership of the residence. The court noted that the husband's allegations of adultery against the wife remained unsubstantiated.
The High Court found that the lower court had erred in concluding that the wife's actions were intended to harass her husband. It deemed the finding legally unsustainable and lacking a solid basis. Consequently, the High Court allowed the wife's second appeal, setting aside the divorce decree.
Advocate ER Kumaresan represented the wife, while Advocates AN Ramanathan and M Bindran appeared for the respondent husband.
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TAGS: Madras High Court litigation vindication of rights mental cruelty divorce decree lower court Justice R Vijaykumar Madurai bench custody of child property rights harassment estranged husband appeal ruling allegations adultery second appeal overturn divorce decree.
