Kerala High Court rules that a husband’s controlling behaviour and suspicion towards his wife constitute mental cruelty under Section 10(1)(x) of the Divorce Act, 1869.
Case in NewsHusband restricting wife’s movements amounts to mental cruelty, the Kerala High Court held while granting divorce for sustained suspicion and humiliation . |
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Case Overview
Case Name: XXXX vs YYYY
The Kerala High Court comprising Justice Devan Ramachandran and Justice MB Snehalatha, granted divorce to a woman whose husband persistently suspected her fidelity, monitored her movements and forced her to resign from her job . The Bench observed that such acts constituted mental cruelty under Section 10(1)(x) of the Divorce Act, 1869, as they destroyed the foundation of trust and peace essential for marriage .
The couple married in 2013 and had one daughter. The wife, a nurse, alleged that her husband locked her indoors, restricted communication and humiliated her even during pregnancy, leading her to seek dissolution of marriage .
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Key Aspects
The Court noted that emotional abuse and suspicion can be as destructive as physical violence in a marriage . It emphasized that a spouse’s freedom and dignity cannot be curtailed by controlling behaviour .
- The husband constantly doubted his wife’s fidelity and monitored her daily activities .
- He forced her to resign from her job and restricted her movement abroad .
- She was subjected to humiliation, verbal abuse and occasional assaults .
- The Family Court had dismissed her plea due to lack of documentary evidence .
Legal Insights
The Kerala High Court elaborated that cruelty, under Section 10(1)(x) of the Divorce Act, 1869, includes both physical and mental cruelty .
- The Court referred to precedents from the Supreme Court of India holding that cruelty must be judged subjectively based on the spouse’s experience .
- Continuous suspicion and restriction of personal liberty constitute cruelty to wife as they cause humiliation and emotional suffering .
- It clarified that courts must adopt a liberal approach and not insist on documentary evidence in such sensitive matters .
Court’s Verdict
Setting aside the Family Court’s order, the Kerala High Court held that the husband’s conduct amounted to mental cruelty, making cohabitation unsafe and unreasonable . The Bench dissolved the marriage recognizing the wife’s testimony as credible and reaffirming that persistent mistrust and control destroy the essence of marital life .
Source – Kerala High Court
Read also – Offences Relating to Marriage
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