Due to suspicion, there was a spectacle in the husband’s office: Madras High Court granted divorce by calling the wife’s actions mental cruelty

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  • wife doubts the character of the husband; Madras High Court’s decision in divorce case

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The Madras High Court, while delivering its judgment in a divorce case, has termed the husband or wife doubting each other’s character as cruelty. A bench of Justices VM Velumani and Justice S Saunther allowed the divorce of C Shivakumar. The bench said that the wife Srividya had doubts about the character of the husband, due to which she went to his office to create the scene.

Even though Srividya did not have any evidence, she also filed a complaint against Shivakumar. All this comes under the category of mental cruelty.

Used filthy language by going to husband’s office
The court said that Srividya went to her college to investigate her husband. Where he accused Shivakumar of having illicit relations with girl students and female staff. The Bench said – This act of Srividya is mental cruelty under section 13(1)(ia) of the Hindu Marriage Act. By doing this she spoiled the image of her husband which cannot be improved.

Earlier, the family court had rejected Shivakumar’s application for divorce on the ground of cruelty, against which a petition was filed in the Madras High Court.

Shivakumar is a professor in the medical college
C Shivakumar is a professor in a medical college, while wife Srividya is a government school teacher. Both were married on 10 November 2008. The two lived together for barely two and a half years. In her complaint, Srividya had alleged that Shivakumar had illicit relations with female professors and used to talk to them on phone till late at night.

Giving a complaint to the nearest police station, Srividya had demanded to be together for the future of her daughter.

Shivakumar’s allegation – wife had thrown off the mangalsutra
During the hearing in the court, Shivakumar also said that his wife has not worn mangalsutra since 2011. Breaking the relationship, he took out the mangalsutra from the neck and threw it. On this, Srividya had said that removing the mangalsutra does not break the relationship. Removing it should not affect the marriage.

After hearing these arguments, the bench said that removing the sacred symbol like mangalsutra has a different meaning. Which suggests that Srividya did not want to maintain the marriage. Hence the divorce of both is granted.

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