Courts Can't Rely On Rigid Definitions Of Cruelty, Must Assess If Conduct Makes It Unreasonable For One Spouse To Live With Other: Kerala HC

The Kerala High Court has reiterated that while dealing petitions for divorce on ground of cruelty, Courts cannot rely on rigid definitions of cruelty.Stating that the emotional quotient of every individual is different, it added that Courts must assess whether the conduct of one spouse has made it unreasonable for the other spouse to live with them.The Court passed the above order an appeal filed by the husband against the order of the Family Court disallowing divorce on grounds of cruelty and desertion. The Division Bench of Justice Devan Ramachandran and Justice M.B.Snehalatha stated that cruelty as a ground for divorce varies from case to case and must be assessed on a case by case basis. Court stated, “Cruelty can be either physical, emotional, psychological or verbal. Different people may experience and pursue cruelty in different ways based on their personality and emotional resilience. Marital expectations and norms differ across communities, religions and socio-economic classes. A behaviour that may be seen as trivial in one marriage might be deeply hurtful in another. Therefore, cruelty is to be assessed on a case-by-case basis. What constitutes cruelty in a matrimonial relationship depends on the unique circumstances, behaviour and experience of the parties involved. Courts do not rely on a rigid definition of cruelty but has to evaluate each case based on its facts. Courts have to analyse whether the conduct makes out unreasonable for the one spouse to live with the other.”The parties got married in 2005 and the Petitioner-husband was employed at Qatar. The Family Court dismissed the petition stating that no grounds of cruelty and desertion was made out by the Petitioner. The Petitioner submitted that the respondent-wife was unhappy that he was unable to obtain a Family Visa to take her to Qatar. It was submitted that the wife quarrelled with him alleging that she was misled into believing that she would be taken to Qatar. Additionally, it was stated that she was unwilling to stay with his parents in the matrimonial house. He also claimed that the wife refused sexual relationship and neglected him when he came on leave. It was stated that for the past five years, the wife was residing separately and thus alleges physical and mental cruelty and seeks divorce on grounds of desertion and cruelty. On the other hand, the respondent-wife claimed that she was willing to live with him and to continue the married life. It was stated that she was living in the matrimonial house and taking care of his parents and that he was unwilling to take her to Qatar even on a Visiting Visa. It was also alleged that Petitioner was not ready to consult a doctor even though they had no children. The Court noted that the husband has not made out ground for desertion since it has come out in evidence that were residing together during his leaves until the original petition was filed in the Family Court. The Court further stated that party seeking divorce on grounds of cruelty must establish it using evidence and not by making general or general statements. “This ensures that divorce proceedings are fair and not based on arbitrary or frivolous claims”, added the Court. In the facts of the case, the Court stated that Petitioner has not established any acts of cruelty. As such, the appeal was dismissed.Case Title: Anilkumar V K v Sunila PCase No: Mat.Appeal No. 626 OF 2022Citation: 2025 LiveLaw (Ker) 87Click here to Read/Download order

Courts Can't Rely On Rigid Definitions Of Cruelty, Must Assess If Conduct Makes It Unreasonable For One Spouse To Live With Other: Kerala HC

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