In a recent judgment, the Kerala High Court ruled that a wife making secret phone calls to another man at odd hours, despite her husband’s warnings, amounts to matrimonial cruelty. The ruling came as the Court reviewed a husband’s appeal challenging a Family Court’s decision. The husband had sought a divorce on the grounds of adultery and cruelty, but his plea was initially dismissed.
The husband alleged that his wife had made his life unbearable from the start of their marriage and had maintained an inappropriate relationship with another man, both before and after their marriage.
While the Court noted that the evidence did not conclusively prove adultery, it found that the wife’s frequent, discreet calls to another man constituted mental cruelty. Justice Edappagath observed that the marital relationship was strained from the beginning, with the couple separating and reuniting multiple times, despite attempts at mediation and conciliation.
During the trial, the wife admitted to making calls to the man on specific occasions, but documentary evidence suggested otherwise. The Court determined that the husband’s claims of cruelty were valid and ruled in favor of granting the couple a divorce. The Court also noted that there was no indication of a genuine resumption of marital life between the couple after their attempts at reconciliation.
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