The Kerala High Court has ruled that a wife’s cruel treatment of her stepchildren can be considered mental cruelty toward her husband, granting him a divorce. This landmark judgment expands the legal understanding of marital cruelty under Indian law.
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KERALA: In a landmark judgment, the Kerala High Court has ruled that cruelty by a wife toward her stepchildren can amount to cruelty toward her husband, entitling him to seek divorce under Section 10(1)(x) of the Indian Divorce Act, 1869. This ruling underscores a broader understanding of marital cruelty, extending its scope beyond direct spousal abuse to actions that cause mental anguish indirectly.
Background of the Case
The dispute involved a husband who married his second wife under Christian personal law after the passing of his first wife. The marriage was intended to ensure care for his two minor children. However, the husband alleged that his second wife refused to care for his children and ailing father and treated them cruelly. Additionally, she reportedly attempted suicide by consuming pills.
The wife denied these allegations, claiming that she was only disciplining the children and that her husband and son were the ones causing her physical and mental distress.
The husband filed for divorce on the grounds of cruelty. The family court granted the divorce and ordered maintenance of ₹6,000 per month to the wife. Dissatisfied, the wife challenged the decree before the High Court.
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The High Court’s Observations
A bench comprising Justice Sathish Ninan and Justice P Krishna Kumar examined the case in detail. The Court emphasized that cruelty toward stepchildren could reasonably be considered mental cruelty toward the husband, as it creates apprehension that continuing the marital relationship would be harmful or injurious.
“If the wife is guilty of ill-treating the children, certainly it would cause reasonable apprehension in the mind of the husband that it would be harmful or injurious for him to live with her. The expression ‘harmful or injurious’ is not confined to physical acts alone, but equally extends to mental torture.”
The Court also clarified that cruelty includes both physical and mental acts, and the term should be interpreted uniformly across personal laws, irrespective of religion.
Key Findings:
- Ill-treatment of Stepchildren: The Court found that the wife’s conduct toward the children caused mental agony to the husband, justifying claims of cruelty.
- Suicide Attempts: The wife’s attempts and threats to commit suicide were seen as acts of cruelty, as settled in law, which contribute to mental distress for the spouse.
- Maintenance: While upholding the divorce, the Court enhanced the wife’s maintenance from ₹6,000 to ₹15,000 per month, considering the husband’s financial capacity and the wife’s needs.
Appearance:
The wife: Advocates DG Vipin and Karol Mathews Sebastian Alencherry
The husband: Advocates Abraham George Jacob, Jibu P Thomas and C Muralikrishnan
Case Title:
XXXX v YYYY and connected case
MAT.APPEAL NO. 596 OF 2019
Read Judgment: