Wife talking to her students frequently over phone, cannot be construed as adultery for seeking divorce

In the present case, a specific allegation by wife in the petition seeking divorce only regarding cruelty stating that husband suspected her character and used filthy language in front of school students and assaulted her brutally and due to same she was unable to tolerate his torture and therefore she was forced to vacate the matrimonial home. The husband alleges that his wife has been talking to her students frequently over the phone. Although such an allegation cannot be construed as adultery, the same would amount to cruelty as he has been suspecting her character for talking to her students.

Even before the marriage, the wife was taking tuition to the students and nowadays, the teacher talking to the students is needed for the hour as they are bound to clear any doubt then and there to make them score higher marks in the public examination due to tough competition among the schools. Thus, the wife talking to her students cannot be mistaken or misconstrued by the husband by making bald allegations about the character of his wife.

Since the husband failed to enter into the witness box before the trial Court to prove the averments pleaded it was, it is legally presumed that the case set up by the husband was held to be untrue and unnatural.

Appearing counsel/s : Ms.S.P.Arthi, Mr.M.Shankar