Wife’s Secret Calls to Another Man Is Mental Cruelty, Says Kerala High Court
The Kerala High Court has ruled that a wife making frequent secret phone calls to another man, even after her husband warned her not to, amounts to mental cruelty and is a valid reason for divorce.
The court was hearing a case where the husband challenged a lower court’s decision that denied him divorce. He had filed for divorce on the grounds of adultery and cruelty, saying that his wife was in contact with another man and made his life miserable from the beginning of the marriage.
The husband claimed that the wife had an ongoing relationship with another man (the second respondent) even before they got married. But the court noted that there was not enough proof to confirm adultery.
However, Justice Edappagath said the key issue was whether the wife’s behavior—making repeated calls at odd hours despite warnings—amounted to mental cruelty.
The court observed that the couple had a troubled marriage from the start, with multiple separations, reconciliations, and counseling sessions. Even after they decided to live together again, the wife continued her behavior, which should have stopped if she was serious about saving the relationship.
While the wife claimed she only made calls to the man on specific days, evidence showed she did it regularly, which supported the husband’s claim of mental suffering.
Both sides accused each other of violating a previous settlement, and the court found no sign of a healthy marital relationship after that.
Based on the facts, the court said this was a proper case to grant divorce due to mental cruelty.
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