Madras HC upholds divorce after 49 years, says removing Mangalsutra and false allegations amount to mental cruelty

The Madras High Court has upheld a divorce granted to a retired Indian Army officer, bringing an end to a 49-year-old marriage. The court ruled that repeated allegations of extramarital affairs, complaints made to the husband’s military superiors, removal of the mangalsutra (thali), and nearly three decades of separation amounted to mental cruelty under the Hindu Marriage Act.

Justice P. Vadamalai dismissed an appeal filed by the wife challenging the divorce decree granted by the lower courts. The court observed that the wife had repeatedly accused her husband of maintaining illicit relationships and had sent complaints to Army authorities during his service, which adversely affected his reputation and professional standing. The judge noted that such allegations, especially when communicated to an employer or superiors, constitute mental cruelty.

The court also took note of the wife's admission that she had removed her thali, a symbol traditionally associated with marriage in Hindu culture. Referring to previous judgments, the court held that removing the mangalsutra during the lifetime of a spouse could cause emotional hurt and reflected conduct amounting to mental cruelty in the circumstances of the case.

Another significant factor was the prolonged separation between the couple. The court noted that the husband and wife had been living apart since 1996 and that no meaningful efforts were made to restore the marital relationship. Observing that a marriage existing only on paper for decades can itself become a source of suffering, the court concluded that there was no reason to interfere with the concurrent findings of the lower courts and upheld the divorce decree.