The conduct and character of spouse that causes misery and agony would amount to cruelty: Kerala High Court

The Kerala High Court ruled that a spouse’s life cannot be left at the mercy of the other spouse through the Division bench of Justices A. Muhamed Mustaque and Sophy Thomas in the case of Beena M.S. v. Shino G. Babu (MAT.APPEAL NO. 43 OF 2020 MAT.APPEAL NO. 72 OF 2020)


When the husband realized that moving forward would be impossible, he filed for divorce on the grounds of cruelty. The husband classified the wife’s habit of scrupulously chronicling her schedules and routines and noting everything she did as a behavioral problem. In the absence of medical documentation, the bench rejected identifying the situation as a disorder.

The parties failed to establish an amicable connection and fail to achieve emotional intimacy. In this case, the court had to evaluate whether cruelty qualified as a grounds for divorce.


After reviewing the pleadings and evidence in the current case, the Bench concluded that the parties never created any emotional attachment or intimacy. The fact that they were living in different areas at the time of their marriage had impeded the development of such a link.

The High Court stated that a marriage relationship is established through time on a harmonious combination of variations in taste, outlook, attitude, and so on. In addition, the Court ruled that in some jurisdictions, incompatibility is a recognized reason for divorce.

The High Court acknowledged that the husband could not stand the wife’s behavior and character. The bench noted that there was no chance of restoring the failed union. The court said that the law on divorce accepted both fault and consent as reasons for separation.

The High Court further noted that if the Court is of the opinion that the marriage failed owing to incompatibility and one of the spouses was delaying agreement for mutual separation, the Court can very well treat that conduct as cruelty. It was observed that  “No one can force another to continue in a legal tie and relationship if the relationship deteriorated beyond repair.”

The parties were young and had been living apart since 2017, according to the bench, thus there was no need to tamper with the family court ruling.

PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into the category of Best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.


Click here to view judgement

Leave a Reply

Your email address will not be published. Required fields are marked *

Open chat