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2026 Supreme(Online)(Ker) 68098
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Sathish Ninan, P. Krishna Kumar, JJ
Shaji Ambali – Appellant
Versus
Haritha N.K – Respondent
MAT.APPEAL NO. 189 OF 2023
Important Points
Subject
Family Law - Divorce
Headnote
Issues: Whether the prolonged separation and irretrievable breakdown of marriage constitute cruelty sufficient for a decree of divorce.
Legal Category Hierarchy
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family law
-
divorce
- cruelty
- desertion
- irretrievable breakdown
- domestic violence
-
divorce
For the Appellants/Petitioners: R. Ramadas, T. Sivadasan
For the Respondents: Srinath Girish, P. Jeril Babu
SATHISH NINAN & P. KRISHNA KUMAR, JJ.
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Mat. Appeal No.189 of 2023
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Dated this the 5th day of November, 2026
J U D G M E N T
Sathish Ninan, J.
The original petition filed by the husband against the wife on the ground of cruelty and desertion was dismissed by the Family Court. The petitioner-husband is in appeal.
The marriage between the parties was solemnized on 10.02.2010. The petitioner seeks for dissolution of marriage on the ground of mental cruelty. The allegations were denied by the respondent.
The Family Court held that the petitioner failed to prove the allegations leveled and accordingly dismissed the original petition.
We have heard learned counsel on either side.
It is not in dispute that the parties have been living separately since the year 2013. Exts.A19 and A20 are the FIR and Final Report pertaining to the incident that occurred during the quarrel between the parties. The petitioner alleges that the wife had a suspicious character and was alleging of him having illicit connections. No proceedings for restitution of conjugal rights was initiated by the respondent. The respondent had filed a proceeding under the Domestic Violence Act. Allegations of cruelty have been leveled against the petitioner.
The Hon’ble Apex Court and this Court, in a catena of decisions, have held that prolonged separation, with no likelihood of reconciliation, in the circumstances of the case may amount to cruelty. Keeping the parties together despite the irretrievable breakdown of the marriage would cause further mental agony and emotional distress, thereby amounting to cruelty on both sides [See: Naveen Kohli v. Neelu Kohli (2006 (4) SCC 558), Samar Ghosh v. Jaya Ghosh (2007 (4) SCC 511), K. Srinivas Rao v. D.A Deepра (2013 (5) SCC 226), N.P. Leelamma v. M.A. Moni (2017 (3) KLJ 311), R. Srinivas Kumar v. R. Shametha (2019 (9) SCC 409), Shri Rakesh Raman v. Smt. Kavita (2023 AIR SC 2144), Prabin Gopal v. Meghna (2021 (3) KHC 177), Sijina v. Saju V. K (2025 KHC Online 10623), P.M. George v. Leelamma George (2025 Supreme(Ker) 1038)].
In the light of the above, we find that the marriage between the parties is liable to be dissolved. Accordingly, the appeal is allowed. The marriage between the parties will stand dissolved by a decree of divorce.
