The Kerala High Court has ruled that a wife not knowing how to cook or seeking the help of her husband’s employer to mend their strained marriage does not amount to cruelty under divorce law. The court made this observation while dismissing an appeal filed by a husband seeking divorce.
The husband had challenged a decree that granted his wife the restitution of conjugal rights and denied his plea for divorce. He argued that their marriage had been emotionally and practically dead for 10 years, and there was no chance of reconciliation. However, the court held that one party cannot unilaterally end a marriage unless valid legal grounds for divorce are established.
The husband also alleged that his wife insulted him in front of his relatives and sent a letter to his employer in an attempt to get him fired. Additionally, he claimed she did not know how to cook and had filed complaints with the Vanitha Cell and Magistrate Court.
In her defense, the wife denied these allegations and explained that she wrote to the employer out of concern for her husband’s behavioral changes, hoping to address the issues affecting their marriage. She also claimed her husband had refused to let her return to their matrimonial home since 2013.
The court, after reviewing the letter to the employer, concluded that it was written as a desperate attempt by the wife to save their marriage and not with malicious intent. The husband admitted that he had consulted psychiatrists in both the UAE and Kerala for his issues, which supported the wife’s claim that she was trying to help him recover.
The court also ruled that the wife’s inability to cook or her legal right to file complaints with the authorities could not be considered cruelty. Filing complaints when the husband failed to provide shelter or maintenance was within her rights, and not knowing how to cook could not be used as a ground for divorce.
In conclusion, the Kerala High Court dismissed the husband’s appeal for divorce and upheld the decree for the restitution of conjugal rights, emphasizing that the wife’s actions did not meet the legal definition of cruelty.
Case: Kerala High Court – Restitution of Conjugal Rights and Divorce
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