Stepmother’s Cruelty Towards Stepchildren Can Be Grounds for Divorce, Rules Kerala High Court

Kochi: The Kerala High Court has ruled that a stepmother’s cruelty towards her husband’s children from his first marriage can be a significant ground for divorce. A Division Bench of the High Court explicitly clarified that any form of abuse directed at the children constitutes cruelty sufficient to grant a divorce from the spouse. This landmark ruling highlights the judiciary’s stance on the welfare of children in marital disputes.

The court further elaborated that a husband has a legitimate concern that a wife who abuses his children may also extend such abusive behavior towards him. This apprehension, according to the court, is valid and warrants consideration in divorce proceedings. The bench emphasized that cruelty is not limited to physical harm but also encompasses mental harassment, which can severely impact the marital relationship and the well-being of the family.

The Division Bench, comprising Justices Satish Ninan and P. Krishnakumar, made these observations while hearing two petitions. One petition was filed by the wife challenging a divorce granted by the Kottayam Family Court in 2019 and seeking an increase in alimony. The other was filed by the husband, challenging the alimony order itself.

The Family Court in Kottayam had initially granted the divorce after carefully considering various factors, including the testimonies of the children concerning the abuse they allegedly suffered at the hands of their stepmother. This recent High Court ruling affirms that such actions fundamentally undermine the foundation of a marriage and can be legitimate reasons for its dissolution.