Wife making discreet phone calls to another man disregarding husband’s objection is matrimonial cruelty: Kerala High Court

Wife making discreet phone calls to another man during odd hours of the night, disregarding the warning of the husband amounts to matrimonial cruelty, the Kerala High Court observed while allowing a plea for dissolution of marriage.

The judgment which was rendered in August 2021 said that physical violence is not absolutely essential to constitute cruelty.

“Making discreet phone calls frequently by the wife with another man disregarding the warning of the husband, that too at odd hours, amounts to matrimonial cruelty,” a Bench of Justices A Muhamed Mustaque and Kauser Edappagath ruled.

To constitute cruelty, the conduct and behaviour of one spouse towards the other need only be of such a nature that it causes reasonable apprehension in the mind of the latter that it is not safe for him/her to continue the marital tie, the Court said.

Judgment- XXXX VS XXXX

Source: www.barandbench.in