CHENNAI: The Madras High Court has held that a woman staying at her parents' house during pregnancy and continuing to remain there for post-childbirth care cannot be treated as desertion, particularly when the husband was abroad during this period.
A bench of Justice CV Karthikeyan and Justice K Rajasekar said this cannot be treated as abandonment of the marriage, as it is a natural and necessary action. Noting that the husband had accused the wife of being in close contact with another man, the court said: “Such an allegation without evidence would have naturally affected the respondent and driven her to remain at her mother's place, and the same could not be seen as desertion.”
The court was hearing an appeal filed by a husband against a Tirupur Family Court order dismissing his divorce petition filed under Sections 13(1)(i-a) and 13(1)(i-b) of the Hindu Marriage Act.
The husband alleged that after moving to Singapore for work, he regularly sent money to his mother. He claimed his wife was upset over this and left the matrimonial home. He further alleged that she failed to invite his family to important functions, including the baby shower, and accused her of mental cruelty.
However, the wife contended that her husband and his family failed to provide proper care or financial support for her or the child, forcing her to seek maintenance through the court.
After hearing arguments, the bench noted that though the husband argued his family was not invited to the baby shower, there was no material to show that such a function was actually conducted. The court also took note of the wife's stand that no such function ever took place.
The court observed that the wife had filed a maintenance application, which indicated she was the one being deserted by the husband. It noted that after marriage, the husband should have recognised his wife’s needs and forwarded a portion of his earnings to her instead of sending everything to his mother. Having failed in his obligation, the husband could not blame the wife for her actions.
Considering the overall facts, the court observed that the wife's actions were justified and the incidents were merely "scratches" in the marital life. Noting that the husband was seeking dissolution of marriage by taking advantage of his own fault, the court dismissed the plea.