india employmentnews

The husband is too suspicious... Can a wife seek divorce on this basis? Learn what the law says?

 | 
HJ

Recently, the High Court delivered a significant and important ruling. The court clarified that persistent suspicion of a husband's wife constitutes serious mental cruelty.

Many divorce cases are being reported in India these days, with varying reasons. Sometimes, differences between the husband and wife, or sometimes an affair between the two, are the main reasons. But amidst all this, a question often arises: can a wife seek divorce even if her husband is too suspicious? In fact, a similar case recently emerged from Kerala, in which the High Court delivered a significant and important ruling on this issue. The court clarified that persistent suspicion of a husband, monitoring her every move, and interfering with her freedom constitute serious mental cruelty. So, let us now explain whether a wife can seek divorce based on the husband's excessive suspicion, and what the law says about it.

What was the whole matter?

Actually, this case is from Kottayam, Kerala. According to reports, the woman married in 2013 and has a daughter. The woman told the court that her husband became suspicious of her from the very beginning of their marriage. He would feel bad if she spoke to men, and even forced her to quit her nursing job due to his suspicions. The woman told the court that when she went abroad with her husband, his behavior worsened. He often locked her in a room, prevented her from talking to anyone on the phone, and even beat her on several occasions. Meanwhile, the woman's husband called her a liar and accused her of exaggerating the facts. However, the court upheld his wife's testimony.

High Court Delivers Important Decision

Before the High Court, a woman from Kerala had filed a petition in the Family Court, but the Family Court dismissed her petition. Subsequently, the High Court overturned the Family Court's decision. The High Court stated that a suspicious husband can make any marriage a living hell. Constant suspicion and trust poison the foundation of a marriage. The High Court stated that when a husband, without reason, suspects his wife, monitors her activities, questions her integrity, and interferes with her freedom, it constitutes serious mental cruelty.

What does the law say?

Regarding this issue, the Kerala High Court, citing Section 10(1)(x) of the Divorce and Marriage Act, 1869, stated that persistent suspicion and interference with a wife's personal freedom constitute mental cruelty. In such cases, a wife can seek divorce. This decision was set as a precedent for all cases where suspicion has replaced love and trust in a relationship. The Kerala High Court also clarified that when trust in a marriage is overshadowed by suspicion, the relationship loses its meaning.