Wife Focusing On Her Own Career & Refusing To Relocate To Canada With Husband Is Not Cruelty: Madras High Court

The bench of Justice J Nisha Banu and Justice R Sakthivel observed as under,

“The petitioner is not ready to sacrifice his career, and wants the respondent / his wife to come and live with him. Similarly, the respondent wants to focus on her academics and career as well. Both are not ready to compromise on each other's priorities and consequently, have some spousal conflicts. Since both are equally qualified and educated and pursuing their careers as they desire, this Court cannot find fault with act of the respondent in prioritizing her academics or career. Therefore, this Court is of the view that the ground of cruelty for dissolution of marriage has not been made out in this case.”

The court was hearing a petition filed by a husband challenging the Family Court's order dismissing his petition for divorce. The husband had moved for divorce on the grounds of cruelty by his wife.

The husband submitted that their marriage was solemnised in 2014 as per Hindu rites and customs. He argued that the wife had exhibited Scornful, disrespectful and indifferent behaviour during their brief stay at the matrimonial home. He claimed that the wife was sarcastic, quarrelsome, and abusive and showed no interest in the relationship.

The husband further submitted that in 2015, when he got a job in Canada and had to attend training, he had arranged for a paying guest accommodation for the wife since she was not willing to stay with his parents. However, when he returned to India, his wife refused to join him. He submitted that in 2016, he learned that his wife had moved to the USA for higher studies without informing him. Thus, he had filed the petition for divorce on the grounds of cruelty under Section 13(1) (i-a) of the Hindu Marriage Act.

The wife, on the other hand, refuted the allegations and submitted that she had treated her husband with love and care, fulfilling all household responsibilities. She denied any abusive behaviour on her part and submitted that her husband had cut off all communication with her in April 2016 and deserted her by moving to Canada in March 2016. Later, the wife secured admission to a University in USA for higher studies and the same was informed to the husband via Skype. She also informed the court that she was willing to reunite with her husband, who had returned to India after losing his job, provided that she be given a violence-free and humane marital environment.

The Family Court, noting that the allegations of cruelty had not been proved, dismissed the divorce petition filed by the husband.

The court noted that the scuffle between the couple was a minor one, which was normal wear and tear in a marriage. The court noted that though the minor scuffles were not desirable, the same did not amount to cruelty. Though the husband had raised other contentions for cruelty, the court noted that he had failed to substantiate them with evidence. Thus, the court concluded that the husband had failed to establish his case of cruelty.

At the same time, the court also noted that even after conciliation, the parties were not ready to yield and there was no possibility of a reunion between the husband and the wife. Thus, noting that it would be appropriate to dissolve the marriage, the court allowed the plea and dissolved the marriage.

Counsel for Petitioner: Ms. Sheila Jayaprakash

Counsel for Respondents: Ms. Geetha Ramaseshan

Case Title: ABC v. XYZ

Citation: 2025 LiveLaw (Mad) 174

Case No: CMA NO.756 OF 2021