Appeal for dissolution of marriage rejected; Court finds no evidence of cruelty or desertion by wife
In a significant judgment, the Madras High Court has dismissed an appeal filed by R. Pandi @ Muthupandi seeking the dissolution of his marriage with M. Saranya on grounds of cruelty and desertion, upholding the trial court’s decision. The Division Bench, comprising Justices C.V. Karthikeyan and K. Rajasekar, found that the appellant failed to substantiate claims of cruelty and desertion, and instead highlighted the appellant's failure to provide financial support to his wife and child, which justified the respondent’s actions.
The couple, married since January 30, 2012, faced marital discord following the appellant’s move to Singapore seven months post-marriage, during which he sent money to his mother, neglecting financial support to his wife. This led the respondent to reside at her parental home, prompting the appellant to file for divorce under Sections 13(1)(i-a) and 13(1)(i-b) of the Hindu Marriage Act, 1955.
The trial court had previously dismissed the petition, stating that the allegations of cruelty and desertion were not supported by evidence. The respondent had justified her stay at her parental home due to the lack of financial assistance and false allegations of her association with another male, which were deemed baseless by the court.
The High Court, in its judgment dated April 28, 2026, reiterated the trial court’s findings, noting that the appellant’s actions—sending money solely to his mother and failing to recognize his wife's status—could not be construed as grounds for desertion by the respondent. Moreover, the court emphasized the appellant’s moral and legal obligation to provide financial support to his wife and child.
The appellant's claims regarding exclusion from family functions like the baby shower and tonsure ceremony were dismissed due to lack of evidence. The judgment highlighted that minor disputes or stray incidents do not constitute grounds for dissolution of marriage unless substantive grounds are proved.
The court also noted the appellant’s baseless allegations against the respondent, which amounted to mental cruelty. The judgment emphasized that the respondent’s actions were justified, and the appellant’s appeal was dismissed, affirming the trial court’s decision.
Bottom line:-
Hindu Marriage Act, 1955 - Dissolution of marriage - Petitioner seeking divorce on grounds of cruelty and desertion - Dismissal of petition upheld as neither cruelty nor desertion was established by evidence - Held, petitioner failed to recognize wife's status and did not provide financial support, which justified respondent's actions.
Statutory provision(s): Hindu Marriage Act, 1955 Sections 13(1)(i-a) and 13(1)(i-b)
R.Pandi @ Muthupandi v. M.Saranya, (Madras)(DB) : Law Finder Doc id # 2896266
