Kerala High Court Dissolves Marriage Over Husband's Unfounded Suspicion and Mental Cruelty

The Kerala High Court grants divorce to a woman citing husband's baseless suspicions and controlling behavior as mental cruelty under the Divorce Act, 1869.

In a landmark decision, the Kerala High Court has dissolved the marriage of Maju Susan Babu and Sunil Mathew, citing mental cruelty due to the husband's unfounded suspicions and controlling behavior. The judgment was delivered by a Division Bench comprising Justices Devan Ramachandran and M.B. Snehalatha, setting aside the earlier decision of the Family Court, Kottayam, which had declined the divorce petition filed by Maju Susan Babu.

The appellant, Maju Susan Babu, had approached the High Court after the Family Court dismissed her plea for divorce under Section 10(1)(x) of the Divorce Act, 1869. She alleged that her husband, Sunil Mathew, was suspicious of her interactions with other men, controlled her movements, and restricted her freedom by locking her in a room and limiting her access to phone calls and television programs. These actions, she contended, amounted to mental cruelty, making it impossible for her to continue living with him.

The court observed that a marriage thrives on mutual trust, love, and understanding, which were severely compromised in this case due to the husband's behavior. Justice M.B. Snehalatha noted that the husband's habitual suspicion and control over his wife's personal freedoms constituted a severe form of mental cruelty, as it destroyed her self-respect, mental peace, and dignity.

The judgment emphasized that mental cruelty is subjective and evolves with societal norms. The court highlighted that in cases where wives seek divorce, a more elastic and broad approach is necessary to understand the nuances of mental cruelty. The court also pointed out that the lack of documentary evidence should not undermine the wife's testimony, as such behavior is inherently difficult to substantiate with external proof.

The Kerala High Court's decision aligns with several precedents set by the Supreme Court of India, including cases like Raj Talreja v. Kavita Talreja and Ravi Kumar v. Julmidevi, where the absence of mutual respect and understanding between spouses was recognized as cruelty.

In conclusion, the court allowed the appeal, dissolving the marriage between Maju Susan Babu and Sunil Mathew, solemnized on January 17, 2013. The court ordered that both parties bear their respective costs.

Bottom Line:

Unfounded suspicion and mistrust by a husband leading to emotional suffering and humiliation for the wife constitutes mental cruelty, entitling her to seek divorce under Section 10(1)(x) of the Divorce Act, 1869.

Statutory provision(s): Divorce Act, 1869 Section 10(1)(x)

Maju Susan Babu v. Sunil Mathew, (Kerala)(DB) : Law Finder Doc Id # 2799507