ErnakulamKochi

Kerala High Court Rules Unfounded Suspicion by Husband Amounts to Marital Cruelty

Kochi, Ernakulam: The Kerala High Court has declared that a husband’s unfounded suspicion towards his wife constitutes cruelty and will inevitably turn married life into a living hell. The landmark ruling came during a divorce petition filed by a wife, where a division bench comprising Justice Devan Ramachandran and Justice M.B. Snehalatha emphasized that a husband who constantly doubts his wife’s fidelity destroys her self-respect and peace of mind.

The court observed that in such cases of mental cruelty stemming from a husband’s suspicious nature, a wife may not always be able to produce concrete evidence. Therefore, a petition for divorce cannot be dismissed solely on the grounds of a lack of direct evidence. The bench underscored that mutual trust forms the very essence of marriage, and unwarranted interference with a wife’s personal freedom and persistent suspicion by her husband inflicts profound mental anguish and humiliation.

The case involved a couple who married in 2013. The wife had initially approached a family court seeking divorce, but her plea was denied due to insufficient evidence. She subsequently appealed to the High Court. The wife, a nurse by profession at the time of her marriage, stated that her husband had asked her to resign from her job and join him abroad, promising to secure employment for her there.

However, upon her arrival in the foreign country, the husband’s suspicious behavior became apparent. She alleged that he discouraged her attempts to find work and would lock her inside their room whenever he went out, constantly monitoring her movements. Furthermore, she claimed he would not permit her to make phone calls unless he was present. The wife also testified to being subjected to abuse while she was pregnant and that her parents were insulted by her husband. While the husband denied these allegations, the High Court ultimately did not accept his denial, granting the divorce to the wife.

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