Madras High Court says prolonged marital separation can constitute cruelty
The Madras High Court just ruled that being separated for years can be considered cruelty in a marriage.
In this case, the marriage was solemnized on 22.11.1990, and the wife filed H.M.O.P. No. 158 of 2019 seeking dissolution of the marriage on grounds of cruelty and desertion, alleging that the husband did not contribute to family maintenance or the children's educational expenses.
The court agreed, noting that when there is no cohabitation since 2014 and the parties are remaining separate since 2016, "this itself in our view would constitute cruelty to both parties. ", Division Bench of the Madurai Bench of the Madras High Court (Justice G.R. Swaminathan and Justice M.D. Sumathi).
Court finds husband's wedding absence cruel
The wife also said her husband did not help financially and skipped their daughter's wedding, which the court found would have caused considerable mental anguish and would qualify as cruelty.
With support from their children's testimony, the court upheld the divorce, noting that when there is no cohabitation since 2014 and the parties are remaining separate since 2016, this itself in our view would constitute cruelty to both parties.