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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DEVAN RAMACHANDRAN, J., M.B.SNEHALATHA, J
Xxxxxxx – Appellant
Versus
Xxxxxx – Respondent
JUDGMENT :
M.B.Snehalatha. J.
Challenge in this appeal is by the husband against the judgment and decree of Family Court, Muvattupuzha in O.P.No.224/2022 which granted a decree of divorce sought by the wife under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
2. Parties in this appeal shall be referred to by their rank in O.P.No.224/2022.
3. Petitioner filed the petition for divorce contending as follows:
The marriage between the petitioner and the respondent was solemnized on 23.10.2016 as per Hindu rites and ceremonies. At the time of marriage, petitioner was given 35 sovereigns of gold ornaments by her parents. Respondent is a person having superstitious beliefs who is not interested in having sex with the petitioner and not interested in having kids. Due to his said attitude, petitioner was put to severe mental agony and pain. Respondent often goes to pilgrimage, leaving the petitioner alone. Petitioner is an Ayurvedic doctor. Respondent did not permit her to join PG course and he compelled the petitioner to lead a life based on superstitious and false beliefs. The stipend received by the petitioner while she was studying at Rashtreeya Vidyapeedam was misappropriated by the resp
Mental cruelty, characterized by persistent neglect and denial of conjugal rights, can justify divorce under the Hindu Marriage Act.
Cruelty, including doubts on chastity and physical assault, constitutes valid grounds for divorce under the Hindu Marriage Act, recognizing the irretrievable breakdown of marriage.
A spouse cannot obtain divorce on grounds of cruelty if the evidence shows that they are the perpetrator of cruelty against the other party.
Mental cruelty requires substantial evidence; trivial marital disputes do not justify divorce. Courts emphasize mutual tolerance and comprehensive assessment of conduct over time in marriage.
Cruelty in marriage is subjective, and divorce can be granted if mental cruelty is established, even without proof of adultery.
Divorce – Cruelty by wife – A person is expected to give respect to another person in general and where it comes to relationship of Husband and Wife, it is expected that Wife should support Husband d....
Mental cruelty under the Hindu Marriage Act necessitates substantial and persistent conduct impacting responsibilities; trivial matters do not suffice for divorce.
Mental cruelty includes ongoing suspicion and psychological abuse by a spouse, which may justify divorce when it renders the marriage intolerable.
Economic abuse and mental cruelty can justify divorce, assessed on a case-by-case basis considering unique circumstances.
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