The Madras High Court (Mad. HC) in an appeal filed by the wife, against the order of a lower Court granting divorce upon relying on the husband’s plea of mental cruelty, noted that the wife had filed petitions before the lower Court only to vindicate her matrimonial rights viz. property rights and the custody of her son. The Mad. HC, setting aside the order of the lower Court, held that “When the initiation of such proceedings is for the vindication of her rights, the said proceedings can never be considered to be a ground for mental cruelty.”
