Madras High Court Granted: Serious Allegations without Proof Lead to Divorce

The Madras High Court granted serious allegations without proof lead to divorce to the husband on the grounds of mental cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955. The Court found that the wife’s unsubstantiated sexual allegations against the husband and his father amounted to cruelty. The husband’s appeals were allowed, overturning the Family Court’s decision that had rejected his divorce petition and accepted the wife’s request for restitution of conjugal rights.

The couple married in September 2015 and had a son in July 2016. Marital discord led the husband to file for divorce in October 2017. The wife countered with a petition for restitution of conjugal rights in February 2021. The Family Court dismissed the husband’s divorce plea and granted the wife’s restitution request in December 2023, prompting the husband to appeal.

The husband argued that the wife avoided living with his family, staying with him only briefly over two years, and frequently returning to her parental home without reason. He also highlighted a police complaint filed by the wife in October 2017 alleging sexual harassment by her father-in-law and immoral conduct by the husband, which she later retracted, claiming some accusations were included without her consent. The husband claimed these baseless allegations caused him and his father severe mental anguish and harmed their reputations. He submitted a WhatsApp screenshot where the wife purportedly admitted fault.

The wife maintained her allegations were genuine and reported to authorities, stating she withdrew the complaint only due to promises of reconciliation, which were not fulfilled. She denied fabricating accusations and asserted her willingness to resume marital life for their child’s benefit.

Upon reviewing testimonies and evidence, the Court found no credible proof supporting the husband’s claim that the wife lived with him for only 51 days and considered her visits to her parental home customary, not cruelty. The Court held that the withdrawn sexual harassment complaint, unproven and defamatory, amounted to mental cruelty causing psychological harm. It ruled the marriage had broken down irretrievably and granted the divorce, rejecting the wife’s restitution plea. The wife and child’s right to maintenance was preserved, and no costs were ordered and the connected miscellaneous petition was closed.