Husband's neglect of sex and family life is mental cruelty, says Kerala High Court in divorce ruling
The Kerala High Court upheld a divorce ruling, stating that a husband's excessive spiritual activities, neglect of family life, and attempts to impose his beliefs on his wife constituted mental cruelty, leading to the marriage’s breakdown.
FollowThe Kerala High Court has upheld a woman's divorce, ruling that her husband's lack of interest in sex, family life, and his obsessive spiritual practices amounted to mental cruelty under the Hindu Marriage Act.
A division bench of Justice Devan Ramachandran and Justice MB Snehalatha observed that marriage does not grant one spouse the right to impose their personal beliefs on the other, especially when it causes emotional distress, says a report by Bar and Bench.
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The court found that the husband's excessive temple visits, reluctance to engage in conjugal relations, and attempts to force his wife into a spiritual lifestyle constituted neglect of marital duties.
"A marriage does not give one partner the authority to dictate the other spouse’s personal beliefs, whether spiritual or otherwise," the court said. "Persistent neglect, lack of affection, and denial of conjugal rights without valid reasons cause severe mental trauma."
The couple, married in 2016, experienced growing tensions as the husband showed no interest in physical intimacy or starting a family, instead prioritizing religious activities. The wife initially filed for divorce in 2019 but withdrew it after her husband assured her he would change. When his behavior remained unchanged, she filed again in 2022, and the family court ruled in her favor.
Challenging the decision, the husband argued that his spiritual practices were misunderstood and denied neglecting his marital responsibilities. However, the High Court dismissed his appeal, ruling that the marriage had irretrievably broken down due to his emotional neglect.
"The evidence on record shows that mutual love, trust, and care between the spouses have been lost, and the marriage has irretrievably broken down," the court stated, upholding the divorce decree.
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