Wife Feeling Trapped In A Loveless Relationship Cannot Be Trivialized; She Cannot Be Forced To Remain In Marriage Against Her Will: Kerala HC
|The Kerala High Court observed that a wife feeling trapped in a loveless relationship cannot be trivialised by the Courts, nor can she be forced to remain in the marriage against her will.
The Court set aside the findings of a family court which had earlier described the instances of matrimonial cruelty narrated by the wife as “all part of the normal wear and tear of the family life”(sic). The Family Court had noted the same stating that a single incidence would not be sufficient to buttress an argument of cruelty to lead to a decree of divorce.
This single incident was when the wife was brutally assaulted by her husband and locked up in a room, thus incapacitating her from calling for help.
A Division Bench of Justice Devan Ramachandran and Justice C. Pratheep Kumar observed, “We are not saying that a singular incident could be justified for a Court to grant divorce; but this case presents a situation exacerbated over the years, with the wife feeling trapped in a loveless relationship, reduced to feelings of self-worthlessness and despondency, during the entire decade she lived with him. The position of an individual feeling so trapped and experiencing asphyxiation – not of breathing air, but of dignity and safety - is not one that can be easily described; and we cannot trivialize it in any manner whatsoever.”
Advocate A. Parvathi Menon appeared for the appellant, while Advocate R. Jayakrishnan (Muthukulam) represented the respondent.
The appellant (wife) detailed her experiences of physical and mental abuse by her husband, as she recounted their relationship beginning with their elopement. Despite knowing that her husband was already married, the wife lived with him as his wife. Their marriage was solemnized under the Special Marriage Act in 2005, followed by the birth of their child in 2007.
The wife described the husband’s constant intoxication and immoral behavior towards other women.
The Court noted the the incident where the wife assertied that she was brutally attacked by her husband and stated that the husband barely denied it without any cogent explanation. Therefore, the Court found “no tenable reason for the appellant to be dis-believed, when she graphically explained the trauma she went through.”
“However, we are certain that the afore perspective is not correct because, when a woman complains of being in a loveless relationship, with her husband leading a wayward life and acting under the influence of alcohol, it may not be possible for her to project each and every incident, as if they are carved in stone,” the Court remarked
The Bench explained that although a singular incident of “matrimonial cruelty” could not be justified for a Court to grant divorce, but the case of the wife was exacerbated over the years, with the wife “feeling trapped in a loveless relationship, reduced to feelings of self-worthlessness and despondency, during the entire decade she lived with him.”
Consequently, the Court set aside the impugned judgment passed by the Family Court while obeserving that “we are certain that the appellant is entitled to succeed, since, she cannot be forced to remain in a marriage against her will and without her volition.”
Accordingly, the High Court allowed the appeal.
Cause Title: X v. Y (Neutral Citation: 2024:KER:56815)
Appearance:
Appellant: Advocates A. Parvathi Menon, P. Sanjay, Biju Meenattoor, Indira. K.P., Paul Varghese (Pallath), P.A. Mohammed Aslam, Kiran Narayanan, Rahul Raj, Amrutha M. Nair, Muhammed Bilal.V.A
Respondent: Advocate R. Jayakrishnan (Muthukulam)