Kerala HC Upholds Divorce Over Husband’s Spiritual Obsession, Lack of Intimacy
In a significant ruling on mental cruelty in marriage, the Kerala High Court upheld a Family Court’s decision granting divorce to a woman whose husband was indifferent to intimacy and consumed by spiritual pursuits. The judgment, delivered on March 24, 2025, by Justices Devan Ramachandran and M.B. Snehalatha, affirmed the Family Court’s decree in favor of the wife, an Ayurvedic doctor.
Case Background
Married in 2016, the wife alleged that her husband:
Showed no interest in physical intimacy or having children.
Was deeply engrossed in temple visits and religious rituals.
Forced her into superstitious practices.
Restricted her postgraduate studies and misused her stipend.
After a failed reconciliation attempt in 2019, she filed for divorce again in 2022 under Section 13(1)(ia) of the Hindu Marriage Act, citing mental cruelty. The husband denied all allegations, claiming he had supported her education and that her parents interfered in their marriage.
Court’s Observations
The Court ruled that persistent neglect, lack of affection, and refusal of conjugal rights without justification amount to mental cruelty. It emphasized that:
Marriage does not give one spouse the right to impose religious practices on the other.
Emotional withdrawal and lack of companionship can be as damaging as physical abuse.
Cruelty must be assessed subjectively, as its impact varies from person to person.
Citing past rulings, the Court held that the husband's disinterest in marital life, coupled with his rigid spiritual pursuits, had made cohabitation impossible.
Final Verdict
Finding no merit in the husband's appeal, the High Court dismissed it, upholding the divorce and concluding that the marriage had irretrievably broken down. Each party was directed to bear their own costs.
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