The Madras High Court recently remarked that in instances where a husband and wife are engaged in a heated exchange of words, abusive language, and vulgar criticism of family members, there is little merit in preserving such a marital relationship. The court emphasized that in such circumstances, the marital bond would have lost its value and significance, rendering it essentially meaningless and devoid of any positive substance.

Justices G Jayachandran and C Kumarappan were challenging a Family Court order denying the dissolution of marriage between the involved parties. Upon reviewing the exchanges between the parties, characterized by vulgarity and obscenity, the court concluded that the marriage was inevitably destined for dissolution. The court noted that the cruelty inflicted by both parties upon each other had severely damaged the marital bond.

The appellant husband and the respondent wife entered into marriage in 2017. Subsequently, in 2018, the husband secured employment abroad, leading to the wife relocating to her parents' residence, thus creating discord between the parties. The court observed that both parties leveled various accusations against each other during the proceedings.

In 2020, the husband initiated legal action by filing a petition, alleging consistent harassment by his wife through emails and phone calls from January 2, 2020, to October 18, 2020. Additionally, he asserted that his wife had filed a false complaint accusing him and his family of dowry demands and harassment. Based on these allegations, the husband argued that the marriage had reached an irretrievable breakdown and was effectively terminated.

On the contrary, the wife contended that the husband and his family subjected her to cruelty, leading to her departure from the matrimonial home. She expressed her willingness to reconcile and live with her husband, but asserted that he showed no interest in salvaging the marriage. Furthermore, she alleged that the husband had remarried and was cohabiting with another woman.

Upon reviewing the communication between the parties since 2019, the court observed that both sides were engaging in mutual accusations and evasions. The court noted that the use of abusive language by the parties indicated a lack of potential for reconciliation or repair of the marital relationship.

The court observed that both parties were equally responsible for the separation.  The court added that any remote possibility of re-union also weakened as the wife suspected the husband of remarrying.

The court thus dismissed the order of the Family Court and dissolved the marriage between the parties.

Counsel for the Appellant: Dr.G.Krishnamoorthy for Mr.J.B.Solomon Peter Kamal Doss

Counsel for the Respondents: Mr.M.Prabu

Case Title: ABC v XYZ