Wife’s inability to conceive not ground to grant divorce for cruelty: Madras High Court

The Court made the observations while dismissing an appeal filed by a husband seeking divorce on the ground of cruelty.

A family court had earlier dismissed the plea, prompting him to approach the High Court.

The couple married in June 2007. The husband alleged that after an initially peaceful marriage, his wife began humiliating him, suspected him whenever he returned late from work, frequently left the matrimonial home and refused matrimonial companionship.

He also alleged that in June 2016, she publicly called him impotent, assaulted him with footwear and later with a broom, removed her thali, tore their photographs and left the matrimonial home.

The wife denied the allegations. She said she had undergone surgery for a uterine fibroid and treatment in the hope of conceiving and continuing her matrimonial life.

The High Court upheld the family court’s finding that the allegations of assault, humiliation and abandonment had not been satisfactorily proved.

While cruelty must be examined by considering the matrimonial relationship as a whole, the Court said that “unproved allegations, when accumulated”, cannot automatically become proved cruelty.

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