Kerala High Court: Secret Calls to Another Man Amounts to Matrimonial Cruelty
In a recent ruling, the Kerala High Court declared that a wife making secret phone calls to another man, despite her husband’s warnings, amounts to matrimonial cruelty.
This verdict came after the husband’s appeal challenging a Family Court’s decision. He sought the dissolution of marriage on grounds of adultery and cruelty, but the Family Court had dismissed his plea.
The husband claimed that his wife had been engaging in numerous harmful actions since the beginning of their marriage, making his life unbearable. He also alleged that she maintained an illicit relationship with another man before and after their marriage.
The Court observed that frequent calls to the other man alone couldn’t prove an illicit relationship or adultery. However, Justice Edappagath highlighted that the key issue was whether these calls constituted mental cruelty.
The Court noted that the marital relationship had been troubled from the start, with the couple separating and reuniting multiple times. Despite efforts at mediation, their relationship remained strained. Given this background, the wife should have been more cautious in her actions.
Evidence revealed that the wife’s calls to the other man were more frequent than she admitted. This supported the husband’s claim of cruelty. Both parties accused each other of violating their compromise agreement, and there was no indication of a genuine resumption of conjugal life.
Given these circumstances, the Court deemed it appropriate to grant the couple a divorce.
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