The record
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- The Madras High Court has overturned a Sivagangai family court order and granted a husband a divorce after 16 years of separation, ending a marriage that began in 1992.
- The family court had dismissed his petition, saying he violated marital duties by moving to Mumbai for work without taking his wife.
- The high court rejected that reasoning, saying a wife cannot be expected to follow her husband everywhere, like the pug in the Vodafone advertisement, especially when she may be gainfully employed.
- The court did not accept his adultery allegation because the alleged paramour was not made a party, but held that the prolonged separation and complete breakdown of the marriage amounted to cruelty under the Hindu Marriage Act.
What to watch next
- Whether the wife appeals the high court ruling to the Supreme Court
- How future family courts apply the ruling on Section 23(1)(a) and relocation for employment
- Settlement of ancillary matters such as maintenance or property between the couple
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Named India · Sivagangai family court · Bar and Bench · GR Swaminathan · India Today · Madras High Court · MD Sumathi · Nayanika Sengupta · News18 · Outlook · Rakesh Raman v. Kavitha
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