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Kerala High Court Grants Divorce to Wife, Says Suspicion and Control by Husband Amounts to Mental Cruelty Under Divorce Act, 1869

Shivam Y.

Kerala High Court grants divorce to wife, ruling that a husband’s suspicion and control amount to mental cruelty under Section 10(1)(x) of the Divorce Act. - XXXX vs. YYYY

Kerala High Court Grants Divorce to Wife, Says Suspicion and Control by Husband Amounts to Mental Cruelty Under Divorce Act, 1869

The Kerala High Court, in a significant ruling on October 15, 2025, dissolved a marriage after finding that the husband’s constant suspicion and controlling behaviour inflicted deep mental cruelty upon his wife. The bench comprising Justice Devan Ramachandran and Justice M.B. Snehalatha observed that a relationship based on mistrust and fear cannot sustain the sanctity of marriage.

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Background

The couple married in January 2013, and a daughter was born soon after. The wife, a nurse by profession, claimed that she resigned from her job after her husband promised employment abroad. However, once she joined him overseas, her life reportedly turned into one of confinement and humiliation.

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According to her testimony before the Family Court at Kottayam, the husband constantly doubted her character, restricted her communication, and even locked her inside their apartment when he went to work. She alleged physical assaults on two occasions and said she was allowed to watch only devotional programmes on television.

She eventually returned to Kerala for childbirth, where, as per her account, the husband created a commotion at the hospital and later assaulted her parents. Seeking divorce under Section 10(1)(x) of the Divorce Act, 1869, she approached the Family Court, which, however, dismissed her plea. That decision was later challenged before the High Court.

Court's Observations

After carefully assessing the evidence of both the wife and her father, the Division Bench noted that her testimony was consistent and credible. Justice Snehalatha, who authored the judgment, said,

"A wife who experiences such behaviour from the husband may not be able to produce documentary evidence, and courts cannot lightly dismiss her account."

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The Court underlined that cruelty need not be proven through documents persistent suspicion and emotional abuse are enough to destroy a person's dignity and peace. The bench drew upon several Supreme Court precedents - including Raj Talreja v. Kavita Talreja and V. Bhagat v. D. Bhagat - to reiterate that cruelty is not confined to physical harm but extends to actions that erode mutual respect and trust.

"The foundation of a healthy marriage is mutual love and understanding. A suspicious husband can turn the marital home into a prison," the judges remarked, adding that "continued mistrust amounts to serious mental cruelty."

They also cited Roopa Soni v. Kamalnarayan Soni, observing that the modern approach to matrimonial law recognises the individual dignity of spouses and allows a more liberal interpretation of cruelty.

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Decision

Holding that the wife had "substantially proved" her claim of mental and physical cruelty, the Court concluded that it would be unreasonable to compel her to continue living with her husband. The bench observed,

"A wife is entitled to live with dignity and freedom; suspicion and surveillance cannot replace love and trust."

Accordingly, the High Court set aside the judgment of the Family Court, Kottayam, and granted a decree of divorce, dissolving the marriage solemnised on January 17, 2013. Both parties were directed to bear their own costs.

Case Title:- XXXX vs. YYYY

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