Divorce - Suicide attempts constitutes grounds for dissolution of marriage
Kerala High Court Upholds Divorce on Grounds of Cruelty, Enhances Maintenance for Wife. Husband's allegations of mental agony and ill-treatment of children upheld; maintenance increased to Rs. 15,000 per month.
In a significant judgment, the Kerala High Court upheld the dissolution of marriage between Emilda Varghese @ Rajani and Varghese P. Kuriakose on the grounds of cruelty, as defined under the Divorce Act, 1869. The Division Bench comprising Mr. Sathish Ninan and P. Krishna Kumar, JJ., delivered the verdict on October 6, 2025, after reviewing appeals and revision petitions concerning the Family Court's decisions on divorce and maintenance.
The marriage, solemnized in April 2006, ended in litigation after the husband accused his wife of severe cruelty, including ill-treatment of his children from a previous marriage, suicide attempts, and causing mental torture. The Court found these allegations credible, supported by evidence from the husband and corroborated by testimonies from his children and acquaintances.
The respondent-wife had contested these claims, arguing that she was a devoted wife and mother, and that her actions were misunderstood. However, the Court found her defenses inadequate against the weight of evidence presented by the husband.
Crucially, the Court noted that acts of cruelty extended beyond physical harm to include mental distress, which could justify a reasonable apprehension of harm. The Court emphasized that cruelty in matrimonial matters should be interpreted uniformly across all religious statutes, aligning with the constitutional mandate of equality.
In addition to confirming the divorce, the Court addressed the issue of maintenance. Initially, the Family Court had awarded Rs. 6,000 per month, which the wife challenged as insufficient. Given the husband's substantial income from his employment at a US military base in Afghanistan, the High Court enhanced the maintenance to Rs. 15,000 per month, emphasizing that maintenance should reflect the husband's financial capacity and the wife's needs.
This decision aligns with precedents that consider the husband's income and lifestyle in determining maintenance, referencing key judgments such as Jasbir Kaur Sehgal v. District Judge, Dehradun and others, and Rakhi Sadhukhan v. Raja Sadhukhan.
The ruling underscores the judiciary's role in protecting individuals from matrimonial cruelty, ensuring fair maintenance, and maintaining the constitutional rights of parties involved in such disputes. The legal fraternity views this judgment as a reaffirmation of the judicial commitment to uphold the principles of justice and equality in matrimonial matters.
Bottom Line:
Divorce and Maintenance - Cruelty by wife including ill-treatment of children, suicide attempts, and mental torture constitutes grounds for dissolution of marriage - Maintenance amount enhanced considering the financial status of the husband.
Statutory provision(s): Divorce Act, 1869 Section 10(1)(x), Divorce Act, 1869 Section 37
Emilda Varghese @ Rajani v. Varghese. P. Kuriakose, (Kerala)(DB) : Law Finder Doc Id # 2790919
