The Madras High Court recently granted a divorce, observing that both the husband and wife were equally abusive and cruel towards each other. They frequently engaged in insulting and vulgar criticism of each other’s family members.
A division bench of Justices G Jayachandran and C Kumarappan, in their ruling to dissolve the marriage, stated that when a couple is involved in a continuous war of words and abusive behavior, there is no merit in preserving the marriage.
“In reviewing the exchange of abusive words (through email and messages) between the parties, this court finds that both the appellant (husband) and the respondent (wife) equally engaged in cruel behavior, which cannot be solely attributed to either party. When both spouses are actively involved in a war of words, abuse, and vulgar criticism of family members, without showing any remorse, it is not justified to maintain their marital relationship,” stated the bench in the order pronounced on February 23.
The bench added that the marital tie, which had become worthless and unproductive, must be dissolved.
Without determining who has inflicted more cruelty than the other, this court allows this appeal, noting that it is not solely the cruelty alleged by the husband, but also the cruelty inflicted by the wife on the husband, that has significantly damaged the marital bond. Consequently, this court is compelled to dissolve this marriage,” ordered the Court.
The Court observed that a family court in Srivilliputhur had dismissed the husband’s divorce plea on grounds of cruelty in October 2022.
The couple got married in November 2017. However, things turned sour and they parted ways. The husband claimed that the wife had harassed him continuously from January 2020 to October 2020 by sending abusive emails and messages. She had also lodged a case of cruelty under Section 498A of the Indian Penal Code case against the husband and his family members, it was pointed out.
The wife on the other hand alleged that since her husband was working on a ship, he used to return home only after 6 to 9 months and during this time, her in-laws subjected her to mental and physical torture.
While the husband accused the wife of not showing cooperation in physical intimacy, the wife alleged that her husband had a low sperm count and she could only conceive after his treatment.
However, she alleged that her mother-in-law and sister-in-law, pushed her from stairs as a result of which she suffered a miscarriage and thereafter she was not allowed to enter the matrimonial home, compelling her to leave the same and move to her parental house.
