Can a father be kept completely unaware of his own daughter’s marriage? This question came before the Madras High Court in a matrimonial dispute where a husband alleged that his wife secretly arranged their daughter’s marriage to her own brother without informing him, causing immense mental agony and leading to breakdown of the marital relationship.
Brief Facts :
The case arose from appeals filed by the husband against a Family Court order which had dismissed his divorce petition and allowed the wife’s plea for restitution of conjugal rights. The parties, married since 1997, had two children. According to the husband, the wife took their daughter to Bangalore in 2017 and conducted her marriage without his knowledge or consent. He further alleged that subsequent disputes over the matrimonial home, police complaints, and allegations against each other worsened the relationship between the parties.
Contentions of Petitioner (Husband) :
The counsel for the husband contended that the secret marriage of their daughter amounted to mental cruelty, especially since he was neither informed nor invited. He also alleged that the wife lodged complaints against him before police and his superior officers, thereby damaging his reputation and making it impossible to continue the marriage.
Contentions of Respondent (Wife) :
The counsel for the wife argued that the daughter was a major and had married willingly. She denied all allegations of cruelty and maintained that she still wanted to continue the matrimonial relationship. She further stated that the disputes and complaints arose only after the husband filed for divorce.
Observation of the court :
The Court observed that the wife admittedly conducted the marriage of the parties’ daughter without informing the husband and held that such conduct caused deep emotional trauma to him as a father. The Bench noted that there was “no reason why the respondent had acted surreptitiously in a very important event in the life of a daughter and also of a father.”
The Court further remarked that “The pain of the appellant as a father could be visualised by us.” It also observed that the husband “would have undergone extreme mental agony, pain and suffering which can never be compensated.”
While discussing the impact of the daughter’s marriage, the Court stated that “At that point of time, the future of the daughter would have pained the appellant. He would have been in agony that his own daughter was married to an elderly person who is also a divorcee...”
The Bench additionally found that the wife’s conduct in lodging complaints before police authorities and the husband’s superior officers further aggravated the situation and caused reputational harm. According to the Court, these acts “independently and cumulatively” caused “serious mental agony and pain” to the husband.
Decision of the Court :
The Court allowed the husband’s appeals, set aside the Family Court’s orders dismissing the divorce petition and granting restitution of conjugal rights, and held that the wife’s conduct amounted to mental cruelty.
Case Title: ABC vs. XYZ
Case No.: CMA Nos. 1155 & 1156 of 2024
Coram: Hon’ble Mr. Justice C.V. Karthikeyan and Hon’ble Mr. Justice K. Rajasekar
Advocate for the Appellant: Mr. N. Mariappan
Advocate for the Respondent: Mr. D. Nellaiappan
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