Kochi, 07 August (H.S.):The Kerala High Court has held that a wife’s insistence on living separately from her husband’s family without sufficient justification can amount to matrimonial cruelty, while granting divorce to a couple who had been living apart for nearly nine years.

A Division Bench comprising Justice Sathish Ninan and Justice P. Krishna Kumar made the observation while allowing an appeal filed by the husband against an order of the Kannur Family Court, which had earlier rejected his plea for divorce.

The couple married in 2015 under the Hindu Marriage Act. The husband, an electrical engineer, was employed in the Gulf, where the couple lived along with his parents after their marriage.

The woman later returned to Kerala during her pregnancy and subsequently declined to rejoin her husband abroad. According to the husband, she told him that she was unwilling to live with his parents and would return only if he arranged a separate two-bedroom apartment for them.

The couple remained separated thereafter, and the woman gave birth to their child during this period.

Before the Family Court, the wife maintained that her husband’s mother had caused problems in their marital relationship. The Family Court rejected the divorce petition after concluding that her grievances were essentially confined to living with her mother-in-law and that there were no other serious marital disputes.

The husband challenged the decision before the High Court, contending that his wife had even refused to communicate directly with him and that he had to obtain information about her through her brother.

He also alleged that he was not informed about the child’s naming ceremony or other important events. The husband produced records, including telephone conversations, in support of his claims.

Noting that the wife had not effectively disputed several of the allegations raised by the husband, the High Court concluded that the circumstances justified dissolution of the marriage and granted the couple a decree of divorce.

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Hindusthan Samachar / Arun Lakshman