The Kerala High Court recently ruled that a wife secretly making frequent phone calls to another man, despite her husband’s warnings, amounts to matrimonial cruelty. The judgment was delivered while hearing a husband’s appeal against a Family Court decision dismissing his petition for divorce on grounds of adultery and cruelty.
The husband claimed that his wife’s behavior from the beginning of their marriage made his life unbearable. He alleged that she maintained an improper relationship with another man both before and after their marriage.
The High Court observed that while there was no concrete evidence to prove adultery, the wife’s repeated phone calls to the man constituted mental cruelty. Justice Edappagath highlighted that the couple’s marital relationship had been strained since its inception, leading to multiple separations and attempts at reconciliation.
The wife argued that she only called the man on specific occasions. However, documentary evidence showed otherwise, supporting the husband’s claim of cruelty. Both parties accused each other of violating a compromise agreement intended to restore their relationship.
The Court concluded that there was no substantial effort to resume a genuine marital relationship after their reconciliation attempts. Based on these findings, the Court deemed the case fit for granting a divorce.
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