The Kerala High Court has upheld a Family Court’s decision to grant divorce to a wife who alleged that her husband was uninterested in family life, abstained from physical intimacy, and imposed his spiritual beliefs upon her, causing severe emotional distress.
A division bench comprising Justice Devan Ramachandran and Justice M.B. Snehalatha ruled that such behavior amounts to mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The court emphasized that a marriage does not grant one partner the right to dictate the other’s personal beliefs or impose spiritual practices.
"A marriage does not grant one partner the authority to dictate the other spouse's personal beliefs, whether spiritual or otherwise. Compelling the wife to adopt his spiritual life, causing emotional distress to her, amounts to mental cruelty. The husband's disinterest in family life indicates his failure to fulfill his marital duties." — Kerala High Court
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Case Background
The wife had filed for divorce, alleging that her husband:
- Was disinterested in having a physical relationship or children due to his superstitious beliefs.
- Prevented her from pursuing a postgraduate course.
- Frequently left for pilgrimages, leaving her alone.
- Misappropriated her stipend during her studies.
- Sent messages stating he wanted a divorce.
Initially, she had filed for divorce in 2019 but withdrew the petition after her husband apologized and promised to improve their marital life. However, she claimed that he reverted to his previous behavior, leading to further distress.
Husband’s Defense
The husband denied all allegations, asserting that:
- He did not hold any superstitious beliefs.
- He had supported his wife’s education and made financial arrangements for her higher studies.
- It was the wife who did not want children before completing her MD.
- Her parents were interfering in their marriage, aiming to appropriate her salary as she secured a government job.
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The High Court observed that the wife had suffered significant mental trauma due to her husband’s neglect and coercive behavior.
"Persistent neglect, lack of affection, and denial of conjugal rights without valid reasons cause severe mental trauma to the spouse." — Kerala High Court
The court highlighted that the husband's actions, including frequent temple visits and reluctance to participate in family life, confirmed the wife’s allegations. The judgment also referenced landmark Supreme Court rulings, including Roopa Soni v. Kamalnarayan Soni [AIR 2023 SC 4186], which noted:
"The grounds for separation or dissolution of marriage must be interpreted with latitude, considering evolving societal norms. Mental cruelty varies from case to case and requires a comprehensive evaluation."
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The High Court also cited Anilkumar V.K. v. Sunila.P (2025 (2) KHC 33):
"Cruelty in a matrimonial relationship depends on unique circumstances. Courts must assess whether the conduct makes it unreasonable for one spouse to live with the other."
Considering the evidence and testimonies, the court upheld the Family Court’s decision to grant divorce, concluding that the marriage had irretrievably broken down. The court stated that there was no reason to interfere with the Family Court’s ruling, as it was based on a thorough evaluation of facts and evidence.
"The learned Family Court has granted the decree of divorce after proper analysis of the evidence, and we do not find any reason to unsettle the said finding, which is based on a correct appreciation of facts and evidence." — Kerala High Court
The husband's appeal was dismissed, and both parties were directed to bear their own legal costs.
Case No: Mat. Appeal 1037 of 2024
Case Title: XX vXX
