In a significant ruling, the Kerala High Court adjudicated a batch of matrimonial appeals and revision petitions involving divorce on the ground of cruelty and maintenance rights of the wife.

After carefully evaluating the evidence, the High Court upheld the divorce, concluding that the wife’s conduct amounted to mental cruelty. Importantly, the Court emphasised that ill-treatment of children can constitute cruelty toward the spouse.

The following paragraphs form the core reasoning of the Court:

“The nature of cruelty which would entitle a spouse to divorce must certainly be identical in all religious faiths… The right to live without matrimonial cruelty is a fundamental right under Article 21.”

“If the wife is guilty of ill-treating the children, certainly it would cause reasonable apprehension in the mind of the husband that it would be harmful or injurious for him to live with her.”

“The expression ‘harmful or injurious’ is not confined to physical acts alone, but equally extends to mental torture.”

“The petitioner has proved his allegations not only through his own testimony, but also by examining witnesses who had personal acquaintance with the alleged ill-treatment.”

“It is settled law that making such suicide attempts or threats would amount to cruelty on the spouse.”

Decision

After considering all aspects, the High Court delivered the following decision:

• Divorce Granted: The Court upheld the dissolution of marriage on the ground of cruelty.
• Wife’s Challenge to Divorce Rejected: The Court found no merit in her appeal against divorce.
• Maintenance Enhanced: The Court increased maintenance from ₹6,000 to ₹15,000 per month.
• Partial Relief to Wife: The revision petition was partly allowed only to the extent of enhancement.

Thus, the Court ensured both marital justice and financial fairness.

Index of Divorce Judgements is here. 

Key Contributor :

Mrs. Suprajaa Rajan B.Com, LL.B., LL.M.

+91-9606345150