Husband restricting wife’s movements, forcing her to resign constitutes cruelty: Kerala High Court
Court grants divorce, emphasizes trust as foundation of matrimonial life impacted by mental cruelty
The Kerala High Court granted divorce to a woman whose husband persistently doubted her fidelity, monitored her every movement, and compelled her to quit her nursing job. A Division Bench of Justices Devan Ramachandran and MB Snehalatha held such conduct to be severe mental cruelty under Section 10(1)(x) of the Divorce Act, 1869, which permits divorce where one spouse’s behavior renders cohabitation harmful.
The court underscored that a marriage relies on mutual trust, respect, and emotional security, all eroded by suspicion and control. The wife testified that her husband restricted her movements, including locking her inside the home, forbidding phone contact, limiting her access to content, and assaulting her during pregnancy. Despite the husband’s denial and the family court’s earlier dismissal, the High Court found the wife’s testimony credible and emphasized courts should consider subjective experiences of cruelty without overreliance on documentary proof.
The judgment stressed the evolving recognition of mental cruelty’s varied impacts and granted divorce, setting aside the family court’s decision.