The Kerala High Court has dismissed a husband's appeal seeking divorce on the ground of cruelty, holding that the allegations made against his wife were either not proved or did not meet the legal threshold for mental cruelty under matrimonial law. The Division Bench of Justice A.K. Jayasankaran Nambiar and Justice Preeta A.K. observed that normal disagreements, isolated incidents, and everyday wear and tear of married life cannot be treated as grounds for dissolving a marriage.
Background of the Case
The appeal challenged the Family Court, Kannur's October 5, 2024 judgment that had rejected his divorce petition. The parties were married on January 15, 2017, according to Hindu customs and had a child during the marriage. The husband alleged that the wife was indifferent towards him and his family, avoided social interactions, falsely claimed to have secured government employment, failed to produce educational certificates, altered her horoscope, lodged a false police complaint, shifted the child's school without his consent, and eventually left the matrimonial home in August 2022.
The wife denied all allegations and maintained that she wished to continue the marriage. She stated that she had cared for her ailing in-laws while the husband worked abroad and claimed she was sent back to her parental home. According to her, the police complaint was filed only in the hope of reconciliation after the husband refused counselling.
Court's Observations
The High Court closely examined the evidence and found no reason to disagree with the Family Court's conclusions. It noted that the husband's allegations regarding changes in the horoscope, false claims about employment, and other accusations were unsupported by convincing evidence.
The Bench also rejected the argument that shifting the child's school amounted to cruelty. Since the spouses had been living separately and their residences were around 70 kilometres apart, the court observed that enrolling the child in a school closer to the mother's residence was in the child's welfare and could not be treated as an act of cruelty.
Referring to the Supreme Court's landmark ruling in Samar Ghosh v. Jaya Ghosh, the Bench explained that mental cruelty cannot be judged by isolated incidents.
The Bench observed,
"Mere trivial irritations, quarrels, normal wear and tear of the married life... would not be adequate for grant of divorce on the ground of mental cruelty."
It further noted that cruelty must involve serious and weighty conduct that makes it intolerable for a reasonable person to continue the marital relationship.
The judges also pointed out that in a divorce petition based on fault, the spouse seeking divorce must prove the allegations with sufficient evidence. In the present case, the material placed on record failed to establish such cruelty.
Court's Decision
Finding that the Family Court had properly appreciated the evidence, the Kerala High Court refused to interfere with its judgment. The Division Bench held that the allegations, even if accepted at face value, did not constitute legal cruelty warranting dissolution of marriage.
Accordingly, the matrimonial appeal was dismissed. No order was passed as to costs, and all pending interlocutory applications were directed to stand closed.
Case Details
Case Title: P. J. v. R. T. R.
Case Number: MAT. Appeal No. 200 of 2025
Judges: Dr. Justice A.K. Jayasankaran Nambiar and Justice Preeta A.K.
Decision Date: July 15, 2026
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