In a recent judgement, the Kerala High Court recently ruled that a wife making secret phone calls to a man ignoring her husband’s warning against the same amounts to matrimonial cruelty.

The Court was adjudicating upon a husband’s appeal challenging the verdict of a Family Court. The husband had moved the Family Court seeking dissolution of marriage on the ground of adultery and cruelty, but it was dismissed.

The husband said that right from the inception of marriage, the wife has perpetrated various iniquitous acts making his life a living hell. It was also alleged that she has been maintaining an illicit relationship with the second respondent prior to her marriage and even thereafter.

The Court noted that merely for the reason that the wife used to make regular calls to the second respondent, it could not jump to a conclusion that their relationship was an illicit one and that there was an adulterous act between them.

Justice Edappagath noted that even though the evidence is not sufficient to infer adultery on the part of the wife, the relevant question was whether making such calls would constitute mental cruelty.

The Court further recalled that right from the inception of marriage, the marital relationship was not cordial. In fact, they separated three times and reunited and underwent mediation and conciliation several times.
The parties had finally decided to resume cohabitation. In that circumstances, the wife should have been more vigilant in her behaviour.

During evidence, the wife had deposed that she used to call the second respondent only on certain days.

However, documentary evidence proved otherwise. Therefore, the element of cruelty as alleged by the husband was satisfied in this case. Furthermore, both the husband and the wife accused each other of committing a breach of the compromise.

The court noted that There was absolutely no material on record to indicate the resumption of conjugal life in its true spirit between the husband and the wife after the compromise.

Under such circumstances, the Court found it to be a fit case to grant a divorce to the couple.