The high court in Kerala granted a divorce to a Kerala couple on Monday, finding that making discreet phone conversations in the presence of the husband when he has expressly objected to it constituted matrimonial cruelty. Justice Kauser Edappagth also pointed out that reaching an agreement to restore married life does not condone matrimonial cruelty.
The HC stated that a spouse’s continued act or behaviour, even if it generates reasonable anxiety in the other spouse’s mind, makes matrimonial life unsafe for the latter.
The court was considering the case of a husband who had filed for divorce due to his wife’s adultery and cruelty. The wife was allegedly committing adultery with the case’s second respondent. She allegedly kept in touch with the second respondent despite counselling and mediation attempts to save the marriage. As proof, the husband submitted his wife’s call logs.
However the court did note that while phone calls alone are not grounds for adultery, phone calls made at unseemly hours can be considered cruelty. On the grounds of marital cruelty, the husband was granted a divorce.
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