Cruelty, manifesting through both physical and mental abuse, qualifies as a valid ground for divorce under the Muslim Marriage Act.

C O M M O N J U D G M E N T

A.MUHAMED MUSTAQUE , J.

These appeals are at the instance of the appellant-husband challenging an order granting divorce to the respondent-wife under the Dissolution of the Muslim Marriage Act . The appellant also challenges the dismissal of his petition for restitution of conjugal rights. When these matters are taken up, the learned counsel for the appellant reported 'no instruction'.

2. However, we are not persuaded to adjourn these matters.

We perused the pleadings and evidence.

3. The marriage between the appellant and the respondent was solemnized on 23-2-2014 according to the personal law applicable to the parties. The parties are Muslim. The case of the respondent-wife was that she was physically and mentally harassed by the husband and the husband was in the habit of checking all her telephone calls and seeking an explanation from her regarding the calls made by her. It is also stated by the respondent that the husband prevented her from talking to others. It is the specific case put forward by the respondent- wife that the husband hacked her social media account and even went to the extent of tracking her movement through the GPS system. On account of this harassment, she even filed a police complaint. She also narrated about her physical ill-treatment. A specific instance was pointed out on 30-5-2014, when she was beaten using his belt. The husband denied all these allegations. However, the Family court found the evidence adduced by the respondent-wife, to be trustworthy and reliable to grant the relief of divorce on the ground of cruelty.

4. We have perused the impugned order and also other records made available before us by the learned counsel for the respondent. It is now stated by the learned counsel for the respondent that both parties are now remarried.

5. Cruelty as an aspect for granting relief of divorce is related to the fault of a spouse. The narration of incidents as above by the respondent-wife clearly made out a case for divorce on the ground of cruelty. The parties are educated. The respondent-wife is a B.Ed degree holder and engaged in teaching. The appellant-husband was a Sales Officer in a Multinational Company. In the normal course, the wife would not have to rush to the police station for making a complaint unless there was a serious threat to her. The respondent-wife has also produced Exts.A2 series showing the hacking of her g mail accounts. We need not disbelieve the contents of the complaint made by her before the police. She has been forced to file a complaint as the harassment reached a level beyond toleration. We in said circumstance are of the view, the Family court was justified in granting the relief for divorce. Therefore, we dismiss both appeals. No costs.

A.MUHAMED MUSTAQUE, JUDGE