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Court: Husband's 'Disability' Is Lack of Empathy
31 Jul
Summary
- Husband's divorce plea denied by Madras High Court.
- Court cited husband's lack of empathy as the true disability.
- Discrimination based on disability violates constitutional values.
The Madras High Court, on July 28, 2026, refused to grant a divorce to a husband who claimed his wife concealed a pre-existing physical disability. The court ruled that a disability resulting from an accident does not render a person unfit for married life.
Justices N Anand Venkatesh and K K Ramakrishnan highlighted that ostracizing individuals due to disability contradicts constitutional values. They stated that the husband's inability to see his wife's positive qualities was the true 'disability' in the case.
The husband, who married in June 2010, alleged his wife's family hid her injuries from a road accident and her supposed depression. He claimed this, along with her alleged failure in household duties and threats, constituted mental cruelty.
The wife denied concealing facts, asserting the husband knew of her injuries before marriage and that they had a normal marital life, including a son born in July 2011. The court found no evidence of cruelty or that the disability impacted their marital obligations.
Concluding that the husband failed to prove any legally recognized ground for divorce, the high court upheld the family court's prior decision to dismiss the divorce petition. The appeal was subsequently dismissed, affirming the refusal to dissolve the marriage.
