Kerala High Court: Wife’s Lack of Cooking Skills and Seeking Employer’s Help Not Cruelty
The Kerala High Court recently ruled that a wife’s attempt to seek her husband’s employer’s help to resolve their strained marriage and her lack of cooking skills do not constitute cruelty. This decision came in an appeal by the husband against a decree for the restitution of conjugal rights obtained by the wife and an order rejecting his plea for divorce.
The husband argued that their marriage was practically and emotionally dead, as they had been living separately for the past ten years with no hope of reunion. However, the court, referencing the Uthara v. Sivapriyan (2022) case, stated that one party cannot unilaterally end a marriage without sufficient legal grounds.
The husband alleged that his wife insulted and ill-treated him in front of his relatives, made defamatory complaints to his employer aiming to terminate his job, and did not know how to cook. Additionally, she had lodged complaints with the Vanitha Cell and the Magistrate Court.
The wife denied these allegations, explaining that she wrote to his employer out of concern for his behavior, suspecting he had behavioral issues. She also claimed that she had been living separately since 2013 because he did not allow her to stay in their matrimonial home.
The court found that the wife’s email to the employer was a desperate attempt to save her marriage, not an act of cruelty. The husband admitted to consulting psychiatrists in the UAE and Kerala, which supported the wife’s concern about his behavior.
The court observed that the wife’s intent was to patch up the relationship and support her husband, making the email a plea for help rather than a cruel act. Furthermore, filing complaints was within her legal rights, and her lack of cooking skills did not amount to cruelty.
In conclusion, the court upheld the restitution of conjugal rights and dismissed the husband’s appeal for divorce, stating that there were no sufficient grounds to interfere with the judgments.
