The Breaking Point: When Forcing a Spouse Away Becomes Marital Cruelty : Adv. Rohit Erande ©
The Breaking Point: When Forcing a Spouse Away Becomes Marital Cruelty : Adv. Rohit Erande © Case Details : (parties names have not been disclosed - CMA No. 2942 of 2026 , decided on 27 August 2026, (Before : THE HON'BLE MS. JUSTICE P.T. ASHA and THE HON'BLE MRS.JUSTICE N. MALA) the Moot Question : The important question of matrimonial law: when can repeated withdrawal from the matrimonial home and insistence upon separate residence amount to “cruelty” under Section 13(1)(ia) of the Hindu Marriage Act, 1955? Facts in nutshell : 1. The case arose from a marriage solemnized in June 2019. The husband alleged that his wife repeatedly left the matrimonial home and stayed at her maternal home for months, despite repeated requests to return. He further alleged that she insisted upon a separate residence. Although the husband initially established a separate rented house and subsequently shifted to another residen...