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Grants Divorce, Says Wife Not Expected to Follow Husband Like Vodafone Pug
In a judgment that has captured the attention of the legal community, the has dissolved a 16-year-old marriage while delivering a sharp rebuke to the family court's "revolutionary approach" that had denied the husband a divorce. The Division Bench of Justices G.R. Swaminathan and M.D. Sumathi held that a wife cannot be expected to follow her husband wherever his employment takes him, likening such an expectation to the iconic Vodafone pug that faithfully follows its owner in the telecom company's advertisements. The court also awarded ₹7 lakh as alimony to the wife, with the divorce decree to take effect only upon deposit of the amount.
Background of the Case
The couple married on , under Hindu rites and had four children. Over time, the husband, now 67, moved to Mumbai for employment, leaving his wife behind in Sivagangai. The couple lived separately for 16 years, during which the husband filed for divorce in , alleging that his wife was in an adulterous relationship. The dismissed the petition, holding that the husband was taking advantage of his "own wrong" under by relocating for work without taking his wife along. The family court reasoned that it was "highly impracticable" for a person to overcome sexual desire and that it was the husband's solemn duty to keep his wife with him wherever he went.
The husband then appealed to the .
High Court's Reasoning: The Vodafone Pug Analogy
The Division Bench did not mince words in rejecting the family court's reasoning.
"Radical feminists may applaud the revolutionary approach of the trial court. We say with regret that we cannot give our imprimatur,"
the court observed. The bench emphasized that it may not always be feasible for spouses to live together due to employment or other circumstances.
"Suppose the husband is a soldier; it is not possible to set up a marital home in the army barracks. The wife could be gainfully employed. She cannot be expected to conduct herself like the pug in the unforgettable Vodafone ad,"
the judges remarked.
The court noted that the wife had taken no steps to resume with her husband, not even sending a formal letter or notice. The bench also declined to accept the husband's allegation of , pointing out that the alleged paramour had not been made a party to the proceedings, which is fatal to such a plea under settled law.
Legal Analysis: as
The High Court clarified the scope of "wrong" under , stating that it refers to serious or grave misconduct, not merely relocating for employment. The court held that the husband's move to Mumbai did not amount to a breach of marital obligation. Relying on the 's decision in , the bench observed that prolonged separation, absence of , and the complete breakdown of meaningful marital bonds can constitute under Section 13(1)(ia) of the Act.
After 16 years of living apart, the court found that the relationship had "broken down beyond repair." The judges also attempted to mediate an amicable settlement but failed, noting "so much bad blood" between the parties that reunion was impossible.
Impact on Family Law Practice
This judgment offers significant guidance for matrimonial disputes where one spouse relocates for work. It clarifies that such relocation, without more, does not constitute a "wrong" that would bar a divorce petition under the . The decision also reinforces the principle that of marriage, evidenced by prolonged separation and lack of , can be a valid ground for divorce on the ground of .
The court's pointed criticism of the family court's reasoning serves as a reminder that trial courts must apply legal principles with nuance, avoiding rigid and unrealistic expectations of marital roles. The Vodafone pug analogy, while colorful, underscores a pragmatic view of modern marriages where both spouses may have independent careers and obligations.
Conclusion
The 's judgment dissolves the marriage and directs the husband to pay ₹7 lakh as alimony. The decree will become operative only after the amount is deposited with the family court. By rejecting the family court's "revolutionary" stance and embracing a more contemporary understanding of marital duties, the High Court has delivered a decision that balances individual autonomy with the need for fairness in divorce proceedings. Legal practitioners will find the judgment useful in arguing cases involving long-term separation and the application of as a form of .
