Cruelty By Wife | Disabled Husband Tortured And Locked In Bathroom By Wife: Madras High Court Grants Divorce To Victimised Man
Curated by NEWS DESK
Editorial DeskCHENNAI: The Madras High Court has granted divorce to a hearing and speech-impaired husband who alleged that his wife subjected him to cruelty, including locking him inside a bathroom. The court overturned an earlier Family Court decision that had refused to dissolve their marriage.
A division bench of Justices M Dhandapani and AD Maria Clete allowed the husband's appeal against the May 22, 2020 order of the Karaikal Family Court, which had dismissed his divorce petition.
The husband, a resident of Karaikal in Puducherry, married the woman from Nagapattinam on September 8, 2013, according to Hindu customs. The couple had a son, but marital disputes later developed, and the wife began living with her parents.
According to the husband's lawyer, despite his hearing and speech disabilities, he tried to save the marriage. He was even willing to leave his mother and mentally ill sister to live with his wife, but she was unwilling to continue their married life.
The husband filed for divorce in 2017, alleging that his wife had subjected him to cruelty, including locking him inside a bathroom.
His lawyer also informed the High Court that the wife had admitted during cross-examination before the Family Court that she was not interested in continuing the marriage.
However, the wife's lawyer argued that her statement did not necessarily mean she had no intention of living with her husband and could not independently justify granting a divorce.
After examining her statement, the High Court observed that it was “not interested” in living with her husband, making her unwillingness to continue the marriage clear.
The bench further noted the allegation that the wife had locked her disabled husband inside the bathroom.
“Further, it is alleged that the respondent (wife) had locked the appellant (husband) inside the bathroom. When such being the position, forcing the appellant and the respondent to live together- that too, when she herself had stated that she is not interested in living with him- is not sustainable,” the bench observed.
The High Court found that the Family Court had failed to properly consider the husband's circumstances and the wife's statement regarding their marriage.
Calling the Family Court's earlier order “perverse” and “liable to be set aside”, the bench allowed the husband's appeal and ordered the dissolution of the marriage.
The judgment brought relief to a hearing and speech-impaired husband who had approached the courts seeking an end to a troubled marriage. It also highlighted the importance of examining allegations of cruelty against husbands, including those living with disabilities, while deciding matrimonial disputes.
EXPLANATORY LEGAL PROVISIONS
| LAW AND SECTION | LEGAL PROVISION | RELEVANCE |
|---|---|---|
| Hindu Marriage Act, 1955 — Section 13(1)(ia) | Divorce on grounds of cruelty | Relevant to allegations of mistreatment of the husband |
| Hindu Marriage Act, 1955 — Section 13(1)(ib) | Divorce on grounds of desertion for at least two continuous years | Potentially relevant to prolonged separation, subject to statutory requirements |
| Hindu Marriage Act, 1955 — Section 28 | Appeals against decrees and certain orders | Provides an appellate mechanism under the Act |
| Family Courts Act, 1984 — Section 19 | Appeals from Family Court judgments and orders | Relevant to challenging the dismissal of a divorce petition |
CASE DETAILS
| PARTICULARS | DETAILS |
|---|---|
| Court | Madras High Court |
| Bench | Justice M. Dhandapani and Justice A.D. Maria Clete |
| Case type | Matrimonial appeal against refusal of divorce |
| Original court | Family Court, Karaikal |
| Family Court order | 22 May 2020 |
| Divorce petition filed | 2017 |
| Marriage date | 8 September 2013 |
| Husband's disability | Hearing and speech impairment |
| Main allegations | Cruelty, confinement in bathroom, refusal to continue marital life |
| Final outcome | Family Court order set aside; divorce granted |
KEY TAKEAWAYS
- Cruelty Against Men Is Real: A disabled husband alleged serious mistreatment, including being locked inside a bathroom.
- Marriage Cannot Be Forced: The wife admitted she was unwilling to continue married life.
- Husband's Efforts Ignored: He was reportedly willing to leave his mother and mentally ill sister to save the marriage.
- Family Court's Failure: His divorce petition was rejected despite the circumstances. The High Court termed the order “perverse”.
- Justice for Men Matters: Disability does not take away a husband's dignity, legal rights or right to seek freedom from a cruel marriage.
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