Introduction: Husband’s Disinterest In Family Life And Insistence On Superstitious
The Kerala High Court upheld a Family Court’s decision granting divorce to a woman. The Court ruled that the husband’s disinterest in family life amounted to mental cruelty. His insistence on superstitious beliefs and neglect of marital duties justified the divorce.
Case Background
The wife filed for divorce, alleging her husband’s disinterest in physical relations and family life. She claimed he forced her to follow his superstitious beliefs, restricted her education, and misappropriated her stipend. She also stated that he frequently left for pilgrimages, leaving her alone.
Previously, she had withdrawn an earlier divorce petition after he apologized and promised to change. However, she alleged that he did not keep his promise. The Family Court granted her divorce, prompting the husband to appeal.
Petitioner’s Stance
The wife argued that her husband’s conduct caused her emotional distress. His refusal to have children and his insistence on a superstitious lifestyle amounted to cruelty. She stated that he had sent her messages expressing his desire for divorce.
Court’s Ruling
The husband denied all allegations. He claimed he supported her education and that she was the one unwilling to have children. He also alleged interference from her parents for financial reasons.
The Court rejected his defense. It found no reason to doubt the wife’s claims of neglect. The husband’s frequent temple visits and spiritual interests confirmed his disinterest in family life. The Court ruled that persistent neglect, lack of affection, and denial of conjugal rights caused severe mental trauma.
Final Verdict
The Court upheld the Family Court’s ruling. It concluded that the husband failed in his marital duties. With no grounds to overturn the decision, the Court dismissed the husband’s appeal.
What Is Mental Cruelty Under Hindu Marriage Act?
Mental cruelty under the Hindu Marriage Act refers to actions causing severe emotional distress to a spouse. Continuous harassment, false allegations, or neglect qualify. Courts assess intensity, impact, and duration before granting divorce.
