In a recent ruling, the Kerala High Court stated that a wife’s reaction to discovering her husband’s infidelity cannot be considered cruelty. The judgment was delivered by Justice Sophy Thomas and Justice A. Muhammed Mustaque in a matrimonial appeal filed by a husband seeking divorce.
The court expressed concerns about how the consumerist ‘use and throw’ culture has impacted marital relationships.
The husband had filed for divorce in the Family Court at Alappuzha, citing matrimonial cruelty. The couple, who had married according to Christian rites and had three daughters, were living in Saudi Arabia. The husband claimed his wife had developed behavioral issues and frequently quarreled with him, accusing him of having illicit relationships with other women. He alleged that her abusive and violent behavior caused him mental stress and physical illness, leading him to seek a divorce.
The wife, however, argued that the husband’s accusations were fabricated to distance himself from her. She denied ever displaying cruelty or physically assaulting or threatening him.
The court noted, “When a wife has reasonable grounds to suspect her husband’s fidelity and questions him or expresses her pain, it cannot be considered a behavioral abnormality or cruelty. This is a natural human reaction.”
The court’s observations were based on testimonies, including those from the husband’s mother. The court highlighted that for cruelty to be grounds for divorce under Section 10 (1)(X) of the Divorce Act, the appellant must prove that the respondent’s behavior since marriage caused a reasonable fear of harm or injury.
The court remarked, “Mere quarrels, ordinary wear and tear of matrimonial relationships, or occasional emotional outbursts cannot be deemed cruelty warranting a divorce.”
The court also reflected on the changing perceptions of marriage among younger generations, noting that many now view marriage as a burden rather than a commitment. The influence of consumer culture has led to an increase in live-in relationships, where partners part ways easily when problems arise.
In this case, the court found that the husband’s infidelity disturbed their family life. However, it did not constitute matrimonial cruelty sufficient to justify divorce. Consequently, the court upheld the Family Court’s decision and dismissed the appeal.
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