The Kerala High Court has granted a decree of divorce to a husband after finding that his wife insisted on living separately from his parents without any valid justification and remained away from the matrimonial home for nearly nine years. The Division Bench held that such conduct, coupled with prolonged separation, amounted to matrimonial cruelty under the Hindu Marriage Act.
Background of the Case
The case arose from a matrimonial appeal after the Family Court, Kannur, dismissed his divorce petition filed under Section 13(1)(ia) of the Hindu Marriage Act, 1956. He challenged that decision before the Kerala High Court.
The parties married on May 14, 2015, according to Hindu rites. Soon after the marriage, they shifted to Dubai, where the husband worked as an electrical engineer. His parents were also staying with them. During the wife's pregnancy, she returned to Kerala and later gave birth to their daughter. According to the husband, she never returned to Dubai despite repeated requests.
The husband alleged that the wife agreed to resume married life only if he arranged a separate two-bedroom flat away from his parents. He also claimed that she avoided speaking directly with him, forcing him to communicate through her brother. The wife denied these allegations, maintaining that she had never treated her husband with cruelty and remained willing to continue the marriage. She instead alleged that interference from her mother-in-law had strained the relationship.
Court's Observations
The High Court closely examined the evidence, including recorded telephone conversations produced by the husband. During cross-examination, the wife admitted that one of the recordings contained her conversation with her father-in-law. The Bench found that the contents of the conversation weakened her allegation that she had been ill-treated by her husband and his family.
The Court also noted that the husband consistently stated that the wife blocked his calls and that he had to communicate through her brother. According to the recorded conversations, the brother conveyed that the wife would return only if the husband agreed to live separately from his parents and arrange a larger residence. The Bench found the husband's version reliable, observing that he had successfully withstood cross-examination and had even attempted to summon the wife's brother as a witness.
Referring to the evidence, the Bench observed,
“A demand for a separate residence away from the husband's family, without sufficient reason, by itself constitutes an act of cruelty.”
It further held that the wife's claim of ill-treatment was not supported by the evidence placed before the Court.
The judges additionally noted that the spouses had been living separately for at least nine years. Although desertion had not been specifically pleaded as a ground for divorce, the Court held that such prolonged separation could also amount to mental cruelty.
Decision
Allowing the appeal, the Kerala High Court set aside the Family Court's judgment and dissolved the marriage on the ground of matrimonial cruelty.
The Bench concluded that the husband had established sufficient grounds for divorce under Section 13(1)(ia) of the Hindu Marriage Act.
No order as to costs was passed.
Case Details
Case Title: N. K. v. R. D. K.
Case Number: Mat. Appeal No. 308 of 2022
Judge: Justice Sathish Ninan and Justice P. Krishna Kumar
Decision Date: 29 July 2026
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