Wife Not Expected To Follow Husband Everywhere Like Vodafone Pug, Says Madras High Court

The Madras High Court has ruled that a wife need not accompany her husband everywhere, as suggested by the Vodafone pug advertisement, while acknowledging the need to consider practicalities in matrimonial disputes. A Division Bench of Justices GR Swaminathan and MD Sumathi overturned a Sivagangai family court's dismissal of a husband's divorce petition.

The family court had found the husband guilty of breaching marital duties by relocating to Mumbai for work, leaving his wife behind. However, the High Court disagreed, stating that this may not always be feasible. Factors such as employment and the husband's role, like being a soldier, could render it impractical for the wife to follow.

The court emphasized that living apart due to work circumstances does not inherently mean a spouse has failed in their marital obligations. The husband claimed his wife was having an affair, but the court dismissed this, noting the alleged paramour had not been made a party to the proceedings. The High Court also rejected the notion that a husband is obligated to take his wife along wherever he goes, particularly if it is not feasible.

The couple had been married since September 1992 and had four children. By the time the court heard the appeal, the husband was 67 years old, and the couple had been separated for 16 years. The wife had not made any effort to reconnect with her husband. The court considered long-term separation, lack of cohabitation, and the breakdown of marital bonds as evidence of cruelty under Section 13(1)(ia) of the Hindu Marriage Act.

Therefore, the High Court dissolved the marriage, granting alimony to the wife in the amount of ₹7 lakh.