Court Overturns Lower Court Ruling, Citing Acts of Cruelty by Wife Including Secret Marriage of Daughter
In a landmark decision, the Madras High Court, comprising Justices C.V. Karthikeyan and K. Rajasekar, has granted a divorce to appellant G. Sridhar from his wife S. Komala Kumari, citing mental cruelty as the primary ground. The judgment, delivered on April 24, 2026, overturns the earlier decision of the III Additional Family Court, Chennai, which had dismissed the divorce petition and granted restitution of conjugal rights to the wife.
The court found that the cumulative actions of the wife, including the surreptitious marriage of their daughter without the husband's knowledge, amounted to mental cruelty. The daughter was married to the wife's brother, a divorcee with a controversial past, a fact that the husband was unaware of until after the marriage took place. This, along with other actions such as filing complaints against the husband with police and his superiors, and the unilateral sale of the matrimonial home, contributed to the court's decision.
The judgment emphasizes that the concept of mental cruelty must be assessed on a case-by-case basis, taking into account the suffering caused to either party. It noted that the wife's actions had caused acute mental pain and suffering to the husband, making it impossible for him to continue the marital relationship.
The court also referenced several previous judgments, including the Supreme Court's ruling in Samar Ghosh v. Jaya Ghosh, which underlines that mental cruelty involves sustained, unjustifiable conduct that affects the mental health of the other spouse.
Bottom line:-
Hindu Marriage Act, 1955 - Mental cruelty as a ground for divorce must be evaluated on a case-to-case basis, considering factors like suffering caused to either party. Acts such as conducting a daughter's marriage without the father's knowledge, complaints to police and superior officers, and removal of personal belongings from the matrimonial home can cumulatively constitute mental cruelty.
Statutory provision(s): Hindu Marriage Act, 1955 Section 13(1)(ia)
G. Sridhar v. S. Komala Kumari, (Madras)(DB) : Law Finder Doc id # 2901993
