Kerala HC grants divorce, citing cruelty in marriage
The Kerala High Court has held that a woman demanding a separate residence away from her husband’s family without sufficient reason, amounted to an act
The Kerala High Court has held that a woman demanding a separate residence away from her husband’s family without sufficient reason, amounted to an act of cruelty. A Division Bench of Justice Satish Ninan and Justice P. Krishna Kumar said this while considering an appeal filed by the husband who challenged a family court order that rejected his petition for divorce.
The wife returned to Kerala from Dubai where she stayed with her husband’s family, on her seventh month of pregnancy. She did not return to his house even after the birth of their child, he submitted. She also blocked his calls and that all communications were through her brother. Moreover, she put the condition that they live separately from his parents.
The other acts of ‘cruelty’ included conduct of the child’s naming and feeding ceremonies without consulting him. The wife submitted that she had no serious issues with her husband, except for her mother-in-law’s ‘interference’ in their marital relationship. Stating that the husband was entitled to divorce, the court took the view that she was evasive in answering questions, while her husband’s version was more believable.
Her demand for separate residence was without any valid reason, the court observed, adding that she deserted her husband without any justifiable cause.
The BriefWire