Justice CV Karthikeyan & Justice K Rajasekar | May 11, 2026* *1. Facts of the case* – *Marriage*: Jan 2012. Husband left for *Singapore after 7 months*. – *Dispute*: Wife went to her
[12/05, 08:51] sekarreporter1: Source: Live Law
https://www.livelaw.in/high-court/madras-high-court/madras-high-court-no-desertion-wife-parents-house-after-childbirth-533787
[12/05, 08:52] Meta AI: *LiveLaw: _Wife Staying At Parents’ House After Childbirth While Husband Is Abroad Can’t Be Treated As Desertion_ – Madras HC*
*Justice CV Karthikeyan & Justice K Rajasekar | May 11, 2026*
*1. Facts of the case*
– *Marriage*: Jan 2012. Husband left for *Singapore after 7 months*.
– *Dispute*: Wife went to her mother’s house for delivery and stayed there after childbirth.
– *Husband’s case*: Filed divorce u/s 13(1)(i-a) _cruelty_ + 13(1)(i-b) _desertion_ HMA. Alleged she left matrimonial home and was in touch with another man.
– *Family Court, Tiruppur*: Dismissed divorce petition. Husband appealed.
*2. HC’s reasoning – Why it’s not desertion*
1. *Husband was abroad*:
> _“Since the appellant was not in this country, he cannot now complain… She had to necessarily go to her mother’s house for the birth of the child. She had to remain in her mother’s house even after the child birth. That cannot be stated to be an act of desertion.”_
2. *False allegation = cruelty by husband*:
Husband accused wife of affair with no proof. Court: _“There was no necessity for the appellant herein to levy such a baseless allegation as against his own wife who had just given birth to a child… It is not an act of desertion. The allegation raised by the appellant herein had driven the respondent to go to her mother’s house.”_
3. *Practical necessity*: Post-partum care at mother’s house is normal, especially when husband isn’t in India to support.
*3. Legal precedent set*
1. *No patriarchal presumption*: Married woman doesn’t _“disown”_ parental home. Earlier HC: _“Choice and will of a woman to exercise residential choice at her natal home should not be viewed through patriarchal prism”_.
2. *NRI divorce shield*: Stops husbands working abroad from claiming _“desertion”_ when they aren’t present to maintain matrimonial home.
3. *Cruelty standard*: Baseless affair allegations against new mother = mental cruelty by husband, not grounds for _his_ divorce.
*4. Why this matters – May 2026*
1. *Madras HC trend*: Same day CJI Surya Kant praised Madras HC as _“fastest in disposing criminal matters”_ and SC issued bail reforms. HC showing equal speed + sensitivity in family law.
2. *Connects to your thread*:
– *VCK Thirumavalavan case quashed* – HC stopping misuse of criminal law.
– *NEET “auction”* post – Courts fixing systemic failures. Here, HC fixes misuse of divorce law.
3. *Real impact*: Thousands of NRI marriages in TN. Wives often forced into 498A vs desertion cross-cases. This judgment gives them clear defence.
*Takeaway*: _Childbirth at mother’s house ≠ desertion_. If husband is abroad and makes false claims, _he_ commits cruelty.
Want the full HMA Section 13(1)(i-b) explained with _animus deserendi_ test, or how this helps in 498A counters?
