Plaint by wife to get back articles won’t amount to cruelty: Bench

Allowing her plea seeking restitution of conjugal rights, a division bench comprising Justice A Selvam and Justice P Kalaiyarasan, said, “The complaint discloses that the same was lodged only to get back her articles from her husband.  But the husband moved anticipatory bail application, apprehending that case has been filed under Section 498-A of the IPC.  Lodging the complaint with the police to get back her articles by the wife cannot be construed to have caused cruelty to the husband.” 

As per the case, the husband had moved two civil miscellaneous appeals against the order passed by the VI Additional Family Court at Chennai dismissing his plea for divorce and allowing his wife’s plea for restitution of conjugal rights.  However, the bench on holding that it cannot be said that she left the matrimonial home without any justifiable reason, said, “It is pertinent to note that the husband originally filed petition for restitution of conjugal rights. Only after his wife lodged the complaint with the police, the husband changed his mind and issued legal notice calling her to give consent divorce.” 

The bench also said, “Considering the above sudden change in attitude of the husband, the alleged adamant attitude, leaving the matrimonial home and taking away her belongings cannot be considered sufficient material, warranting for divorce on the ground of cruelty.”