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Kerala High Court Rules Comparing Wife to Others as Cruelty Grounds for Divorce

The Kerala High Court has declared that a husband’s constant comparison of his wife to other women constitutes mental cruelty, providing valid grounds for divorce. This ruling came from a bench comprising Justice Anil K Narendran and Justice CS Sudha on August 4, as they reviewed an appeal by a husband challenging a family court’s decision to grant divorce based on his wife’s cruelty allegations.

The wife claimed that her husband persistently reminded her that she did not meet his expectations regarding appearance. He often told her she was not cute enough and compared her unfavorably to other women, including potential brides for his brother.

In their judgment, the court stated, “The constant and repeated taunts by the respondent/husband that the petitioner does not meet his expectations and the comparisons with other women amount to mental cruelty, which a wife cannot be expected to endure.”

The court further noted, “Although irretrievable breakdown of marriage alone is not sufficient grounds for divorce, the law must recognize the impact on the parties involved and society at large. Public interest demands that marriage be upheld as much as possible. However, when a marriage has been irreparably damaged, public interest lies in acknowledging this fact.”

Consequently, the court upheld the family court’s decision to grant the divorce, reinforcing that persistent mental abuse through unfair comparisons constitutes cruelty in a marriage.

This ruling emphasizes the importance of mutual respect and realistic expectations in marital relationships, highlighting the severe emotional toll that constant negative comparisons can have on an individual. The decision also underscores the judiciary’s role in recognizing and addressing mental cruelty as a significant factor in marital breakdowns.

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