Discreet phone calls despite husband's objection amounts to marital cruelty, says Kerala HC
India Today
The Kerala HC has said that discreet phone calls by the wife, despite her husband's objection, amount to marital cruelty.
Granting divorce to a Kerala couple, the high court on Monday observed that making discreet phone calls in the husband's presence, when he has expressly objected against it, amounts to matrimonial cruelty. Justice Kauser Edappagth also observed that agreeing to a compromise to restore matrimonial life does not condone matrimonial cruelty.
The HC said that act or behaviour continued by one spouse, even if it causes reasonable apprehension in the mind of the other, makes matrimonial life unsafe for the latter.
The court was hearing the plea of a husband who had sought divorce on the grounds of adultery and cruelty from the wife.
The wife was allegedly committing adultery with the second respondent in the case. She allegedly continued to be in touch with the second respondent even during attempts of counseling and mediation to save the marriage. The husband submitted his wife's call records as proof.
However, the court observed that while phone calls alone cannot be considered grounds for adultery, phone calls made at unseemly hours can count as cruelty.
The husband was granted a divorce on the grounds of marital cruelty.
