Kerala – The Kerala High Court has ruled that a wife’s emotional and natural response to her husband’s alleged extra-marital affair cannot be treated as cruelty. The judgment was delivered by Justice Sophy Thomas and Justice A. Muhammed Mustaque in a matrimonial appeal filed by a husband seeking divorce on the grounds of cruelty.
The couple, married under Christian rites and parents to three daughters, were living in Saudi Arabia. The husband claimed that his wife developed behavioral issues, often quarreled with him, and accused him of having illicit relationships with other women. He alleged that due to her abusive behavior, he suffered mental stress and health problems, which led him to file for divorce at the Family Court in Alappuzha.
However, the wife strongly denied these claims, stating that the husband was making false accusations to avoid his responsibilities. She said she had never acted cruelly or threatened him.
The High Court stated that if a wife suspects her husband’s loyalty and expresses sorrow or confronts him, this behavior cannot be labeled as cruelty or abnormal. “It is a normal human reaction,” the Court observed.
The bench added that for an act to be considered cruelty under Section 10(1)(x) of the Divorce Act, it must be so serious that it creates a reasonable fear in the spouse’s mind that continuing the marriage would be harmful or unsafe. Mere arguments or emotional outbursts don’t qualify as cruelty.
The Court also expressed concern over how modern couples treat marriage. “Marriage today is often seen as a burden,” the judges said, noting that “use and throw” attitudes and rising live-in relationships reflect a lack of commitment.
Upon reviewing witness statements, including the husband’s mother, the Court concluded that the husband had formed an “unholy alliance” with another woman, which disrupted the marriage. Therefore, the court upheld the Family Court’s decision and dismissed the husband’s divorce appeal.
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