New Delhi: Distinguishing from normal ‘wear and tear’ in a family, the Supreme Court on Saturday has held that a wife abusing her husband saying “son of a prostitute” will amount to “mental cruelty”, providing enough ground for divorce.
Giving this ruling, a bench of Justices Vikramajit Sen and A.M. Sapre, said, “The Trial Court examined the evidence at great length and came to the reasoned conclusion that the actions of the respondent Saraswathi Palaniappan amounted to cruelty. If a spouse abuses the other as a prostitute’s son, this cannot be termed as “wear and tear” of the family life. Summoning the police on false or flimsy grounds cannot also be similarly viewed.”
In this case, the appellant Vinod Kumar Subbiah was married to Saraswathi Palaniappan in 2004 and they went to the USA. She returned to India after becoming pregnant and did not go back to the US after the birth of a child. During her stay in the US, it was alleged by the husband that his wife was verbally abusive. A trial court in Madurai granted them divorce and asked him to pay Rs 25,000 to his wife towards legal expenses.
On appeal from the wife, the Madurai Bench of the Madras High Court set aside the order stating that in a matrimonial relationship, parties must be prepared to subject themselves to the normal wear and tear of life, but Justice Sen restored the order of divorce granted by the trial court.
