The Kerala High Court recently stated that it is not unusual for a wife to forgive her husband and withdraw criminal cases to protect her family. However, the Court emphasized that there are limits to how much cruelty a woman can endure.
The Division Bench of Justice Devan Ramachandran and Justice M.B. Snehalatha dismissed a husband’s appeal challenging the Family Court’s divorce decree. The Court affirmed that the wife had proven sustained cruelty by the husband and rightly obtained a divorce under Section 10(1)(x) of the Divorce Act, 1869.
The couple married in 2006 and had two children. Over the years, the wife faced repeated physical and mental abuse. She was assaulted on multiple occasions, including one where the husband hit her on the head with an iron rod. Despite this, she withdrew earlier complaints in the hope that her husband would change. She also withdrew two divorce petitions – one in 2013 and another in 2016 – choosing not to prosecute them to protect her husband’s job as a Higher Secondary School teacher.
"A woman will forgive and condone to protect her matrimonial union and family. Forgiveness in such sense is not a passive act but is an active and transformative one, to heal emotional wounds and to obtain inner peace."
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The wife filed several complaints, including Crime No.717/2020 and Crime No.259/2022. Earlier complaints had led to criminal cases under Sections 498A, 406, 506, 447, 451, and 324 IPC. A protection order under the Protection of Women from Domestic Violence Act was also in place. Despite multiple opportunities, the husband continued to exhibit violent behavior.
The husband tried to defend himself by producing a psychiatrist’s prescription to claim he suffered from anger management issues. However, the Court rejected this, stating:
“The doctor was not examined, and no plea was raised for legal protection as a person with mental illness. This defense appears to be an afterthought.”
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The Court found that the husband had taken advantage of the wife's forgiveness multiple times, mistaking her kindness for weakness. Her decision not to pursue charges earlier did not erase the cruelty she suffered.
“It is not unusual for a wife to forgive. But there is always a limit to what a woman can endure.”
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Upholding the Family Court’s decision, the High Court dismissed the husband's appeal. The Court ruled that the evidence clearly established cruelty, and the divorce was rightly granted.
“The emotional burden of holding on to grudges happens very often in many relationships and families; and it is the power of a woman to forgive that enables families to rise above pain and create healthy relationships.”
Case Title: Xx v Xx
Case No.: Mat. Appeal No. 68 of 2023
Counsel for Appellant: Advs. John Joseph Vettikad, C. Joseph Johny, Samson Mathew Sam
Counsel for Respondent: Adv. K. Rakesh
