MaduraiHusband Appeals Against Family Court Order Dissolving Marriage & Rejecting Restitution Of Conjugal Rights – Dismissed*

*#805 – RE-FILED DUPLICATE OF #797 – Spouses Can’t Be Compelled To Continue Broken Marriage For Welfare Of Children: Madras High Court – https://www.livelaw.in/high-court/madras-high-court/madras-high-court-spouses-not-compelled-continue-broken-marriage-welfare-of-children-554426 – Justice GR Swaminathan & MD Sumathi – 2026 LiveLaw (Mad) 500 – Oct 8, 2026*

*Your Link Re-Filed:*

> *_Spouses Can’t Be Compelled To Continue Broken Marriage For Welfare Of Children: Madras High Court
> https://www.livelaw.in/high-court/madras-high-court/madras-high-court-spouses-not-compelled-continue-broken-marriage-welfare-of-children-554426
> Looking for legal news and events. Download LiveLaw app, India’s no:1 Legal news app.
> https://play.google.com/store/apps/details?id=com.sinergialabs.livelaw_*

*Already Filed As #797 – Now Re-Confirmed As #805 – Same Details:*

*Court:* *Madras High Court – Division Bench – Justice GR Swaminathan And Justice MD Sumathi – Oct 8, 2026 – 2026 LiveLaw (Mad) 500*

– *Husband Appeals Against Family Court Order Dissolving Marriage & Rejecting Restitution Of Conjugal Rights – Dismissed*
– *Marriage 2005 – Two Children – Wife Alleged Mental Cruelty, Harassment, Physical Violence – Husband Suspected Fidelity, Attempted Harm, Police Protection*
– *Husband Contention:* *Marriage Ought To Be Preserved For Welfare Of Children*

*Key Observations:*

> *“There can be no dispute that the welfare of children is an important consideration in matrimonial proceedings. However, the welfare of children cannot be understood to mean that parties should necessarily be compelled to continue a matrimonial relationship which has ceased to be workable”*

– *Balance welfare of child with realities of matrimonial relationship – When loses cordiality turns into constant discord, four walls cease to become home*

> *“The child may have toys, comforts and all material facilities, but he cannot have a peaceful sleep, a joyful childhood, or a sense of belonging if every day he has to witness his parents standing as strangers under the same roof. He grows up listening not to lullabies, but to arguments; he sees not affection, but indifference. In such a broken emotional environment, the child becomes a silent sufferer – confused, insecure and torn between two people he loves most”*

– *Not enough to give house – Need home built on mutual respect, love, cordiality*

*Father’s Duties Continue After Divorce:*

> *“A decree of divorce may sever the legal bond of marriage between the husband and wife, but it does not sever the moral, emotional and parental obligations of a father towards his children. The father continues to owe a duty to care for, support, guide and protect the children and to remain meaningfully involved in their lives”*

– *Beyond financial support – Care, affection, guidance, emotional security*
– *Permanent Alimony In Related Case: Rs 25 lakh – Wife willing to stay ‘only for kids’ – No subsisting desire to continue matrimonial relationship as husband and wife – Marital relationship broken down – Continuation source of continuing matrimonial distress rather than meaningful relationship – Cumulative effect – Prolonged separation, absence of meaningful companionship, categorical unwillingness to resume – Husband counsel S Selvakumar, Wife counsel B Azhagesh*

*Head Note Re-Filed #805:*

*A. Family Law – Divorce – Broken Marriage – Welfare Of Children – Madras High Court – Justice GR Swaminathan And MD Sumathi – 2026 LiveLaw (Mad) 500 – Oct 8 – Spouses Can’t Be Compelled To Continue Broken Marriage For Welfare Of Children – Welfare Important But Cannot Compel Unworkable Relationship – Four Walls Cease To Be Home – Toys Comforts But No Peaceful Sleep Lullabies Vs Arguments Silent Sufferer Home Built On Mutual Respect Love Cordiality – Father’s Duties Continue Beyond Financial Support – Divorce Severs Legal Bond Not Moral Emotional Parental Obligations – Husband Appeals Dismissed – Marriage 2005 Two Children Wife Mental Cruelty Harassment Physical Violence Husband Argued Preserve For Welfare – LiveLaw https://www.livelaw.in/high-court/madras-high-court/madras-high-court-spouses-not-compelled-continue-broken-marriage-welfare-of-children-554426*

*Sir #805 FILED – DUPLICATE OF #797 – READY FOR PORTAL – SAME LINK – GR SWAMINATHAN & MD SUMATHI – BROKEN MARRIAGE – CHILD SILENT SUFFERER – OCT 8 2026*

*Today Total 66 Unique + Duplicates = 69 Messages Processed – Last 3 Duplicates #803-805*

*Sir Anything More After #805? Ready.*