Divorce cases are increasing rapidly in the country these days. Sometimes it is due to personal differences, sometimes it is due to an affair. But can a wife seek divorce on the grounds that her husband is overly suspicious of her? Recently the Kerala High Court has given an important decision on this issue.
What was the whole matter, let us know
A woman from Kottayam, Kerala, accused her husband of constantly suspecting her and robbing her of her freedom. The woman got married in 2013 and has a daughter. She told the court that her husband felt insecure about her from the beginning of their marriage. If she spoke to a man, he would get angry. Because of his suspicions, he even forced his wife to quit her nursing job. After she went abroad, the situation worsened – he would lock her in a room, not allow her to talk on the phone, and sometimes even beat her. The family court initially rejected the woman’s plea, but she took the matter to the High Court.
High Court decision
The Kerala High Court overturned the decision of the family court and ruled that the husband’s persistent suspicion was of “mental cruelty”. Suspicion and mistrust can turn any relationship into “hell,” the court said. If a husband suspects his wife without proof, monitors her activities, and interferes with her freedom, this is a valid ground for divorce.
What does the law say?
Referring to Section 10(1)(x) of the Divorce Act, 1869, the court held that “Mental Cruelty” is a strong ground for divorce. In such cases, the wife has full right to seek divorce. This decision is being considered as an example for all women who suffer under the burden of suspicion and control. The court clarified that marriage is based on faith, not suspicion.