Kerala High Court Upholds Divorce for Wife Subjected to Years of Cruelty
In a heartfelt and significant judgment, the Kerala High Court has upheld a divorce granted to a woman who endured years of physical and emotional abuse at the hands of her husband. The Division Bench comprising Justice Devan Ramachandran and Justice M.B. Snehalatha dismissed the husband's appeal and affirmed the decree granted by the Family Court, Malappuram, under Section 10(1)(x) of the Divorce Act, 1869.
Background: A Marriage Marked by Pain
Married in January 2006 according to Christian rites, the couple had two children. However, behind the façade of a family, the wife endured repeated violence and mental agony. She finally approached the Family Court in 2021, seeking divorce on the ground of cruelty.
One incident in December 2012 stood out—a violent assault that required police intervention and resulted in a criminal case. Despite multiple complaints and even withdrawing previous petitions in the hope of reconciliation, the husband’s behaviour only worsened, forcing her to file further complaints in 2020 and 2022.
Husband’s Defence Falls Flat
The husband attempted to dismiss the cruelty claims, citing his acquittal in past criminal cases and claiming anger management issues, supported by a medical prescription from 2022. He alleged that the Family Court had erred in granting divorce without sufficient grounds.
But the wife, through her counsel, stood firm. She had forgiven him more than once, hoping to protect their family. However, the pattern of cruelty was relentless and well-documented—through medical records, police cases, and even the husband’s own admissions.
Court's Observations: Forgiveness Has Limits
The High Court held that the Family Court had rightly appreciated the evidence. The judges rejected the claim of mental illness, pointing out that the husband had never sought help through a legal guardian or a “next friend,” suggesting his mental health claim was a last-minute defence.
In a powerful observation, the Bench remarked:
> “A woman will forgive and condone to protect her matrimonial union and family. Forgiveness in such sense is not a passive act, but is an active and transformative one… But, there is always a limit to what a woman can endure.”
The Court recognized the courage it took for the wife to break free after years of endurance, affirming that the cruelty she faced was not just proven but undeniable.
Final Verdict
Upholding the Family Court's decision, the High Court concluded that the cruelty meted out to the wife had been clearly established. The appeal was dismissed with no order as to costs. The Court also directed the anonymisation of the parties' names, respecting their privacy.
This judgment is a reminder that while the law values the sanctity of marriage, it also stands firmly with those who suffer in silence—until they finally decide to speak up.
