The Kerala High Court has upheld a divorce granted to a woman who claimed her husband was uninterested in sexual relations or family life and was solely focused on spiritual activities such as visiting temples and ashrams.
A division bench of Justices Devan Ramachandran and MB Snehalatha ruled that compelling a spouse to adopt a specific lifestyle, particularly one rooted in spirituality, constitutes mental cruelty. The Court emphasized that a husband’s failure to fulfill marital duties, including emotional and physical companionship, can be grounds for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
Court’s Observations
The Court noted that marriage does not grant one spouse the right to dictate the other’s personal beliefs. It agreed with the wife’s claims that she was forced to follow her husband’s religious practices and was even discouraged from pursuing higher education.
“Persistent neglect, lack of affection, and denial of conjugal rights without valid reasons cause severe mental trauma. We find no reason to disbelieve the petitioner’s version that she suffered immense emotional distress,” the Court stated.
Case Background
The couple married in 2016, but their relationship became strained due to the husband’s deep involvement in religious practices. The wife initially filed for divorce in 2019 but withdrew it after he promised to change. However, when his behavior remained unchanged, she filed again in 2022, leading the family court to grant her a divorce.
The husband appealed the decision, arguing that his spiritual practices were misunderstood and that he had not neglected his marital responsibilities. However, the High Court concluded that the marriage had irretrievably broken down due to his persistent emotional neglect and upheld the divorce.
Legal Representation
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For the Husband: Advocates AT Anilkumar, V Shylaja, Jose Paul Thottam, Fathima Razak, Aswin Anilkumar, and Jibymon Joseph
The Court dismissed the husband’s appeal, reinforcing that emotional and psychological well-being is essential in a marriage.
