Husband's Disinterest In Family Life Indicates Failure To Fulfill Marital Duties, Compelling Wife To Adopt Spiritual Lifestyle Is Cruelty: Kerala HC

The Kerala High Court affirmed the decision of a Family Court granting divorce to a wife who alleged that her husband was not interested in having physical relations or children with her due to some superstitious beliefs.The division bench of Justice Devan Ramachandran and Justice M. B. Snehalatha remarked that the husband's disinterest in family life indicates his failure to fulfill his marital duties.“A marriage does not grant one partner the authority to dictate the other spouse's personal beliefs whether it is spiritual or otherwise. Compelling the wife to adopt his spiritual life causing emotional distress to her amounts to mental cruelty. Husband's disinterest in family life indicates his failure to fulfill his marital duties.”The Family Court had granted divorce to the couple on a petition filed by the wife. Challenging the order of the Family Court, the husband had approached the High Court.The wife had alleged that apart from abstaining from sex, her husband disallowed her to join PG course and compelled her to live a life based on superstitious and false beliefs. She alleged that her husband often goes to pilgrimages, leaving her alone. She also stated that he had misappropriated her stipend amount while she was studying. She further said that he had sent her messages saying he wanted a divorce from her.The wife stated that she had earlier filed another divorce petition but withdrew it subsequently after her husband apologized to her and her parents and promised to lead a 'good family life'. However, as per the wife, this did not happen.The husband denied all the allegations. He said that he did not have any superstitious beliefs and that he made all arrangements for petitioner's higher studies. He alleged that it was the wife who did not want to have kids before completing her MD. He alleged that his wife's parents are now interfering in their matrimonial life for appropriating his wife's salary as she now have a government job.The Court said that there is no reason to disbelieve the wife when she says that her husband behaved to her in such a manner as to create an impression that she was totally neglected by him. The Court added that the husband's answers regarding his frequent visits to the temple by taking leave from the job fortifies the case that the husband was more interested in spiritual affairs than family life.The Court added that persistent neglect, lack of affection and denial of conjugal rights without valid reasons cause severe mental trauma to the spouse. The Court said that the Family Court had given the decree after proper analysis of evidence and there is no reason to unsettle the finding of the Family Court.Accordingly, the petition was dismissed.Case No: Mat. Appeal 1037 of 2024Case Title: XX vXXCitation: 2025 LiveLaw (Ker) 221Click Here To Read/ Download Order

Husband's Disinterest In Family Life Indicates Failure To Fulfill Marital Duties, Compelling Wife To Adopt Spiritual Lifestyle Is Cruelty: Kerala HC

Manju Elsa Isac

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