Home High Courts Kerala High Court Grants Divorce After Husband Shows No Interest in Sex or Family Life
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Kerala High Court Grants Divorce After Husband Shows No Interest in Sex or Family Life

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The Kerala High Court has upheld a divorce granted to a woman who claimed that her husband was more devoted to spirituality than to his marital duties, leaving her emotionally distressed.

A Division Bench of Justice Devan Ramachandran and Justice MB Snehalatha ruled that compelling a spouse to adopt a particular spiritual lifestyle amounts to mental cruelty.

“A marriage does not grant one partner the authority to dictate the other spouse’s personal beliefs, whether it is spiritual or otherwise,” the Court observed.

The case involved a couple married in 2016, whose relationship deteriorated due to the husband’s excessive religious practices. The wife alleged that he was disinterested in sexual relations, avoided family responsibilities, and spent most of his time at temples and ashrams. She also claimed that he obstructed her postgraduate studies and pressured her to follow his spiritual path.

In 2019, she initially filed for divorce but withdrew her plea after the husband assured her of a change in behavior. However, with no improvement, she approached the court again in 2022, leading to the family court granting her divorce. The husband later challenged the ruling in the High Court, arguing that his spiritual practices were misinterpreted and denying allegations of neglect.

The High Court, however, found merit in the wife’s claims. “Persistent neglect, lack of affection, and denial of conjugal rights without valid reasons cause severe mental trauma,” the Bench stated, affirming that mental cruelty was established under Section 13(1)(ia) of the Hindu Marriage Act, 1955.

It concluded that the marriage had irretrievably broken down and dismissed the husband’s appeal. “The evidence on record would show that the mutual love, trust, and care between the spouses has been lost and the marriage has been irretrievably broken,” the judgment read.

With this ruling, the High Court reaffirmed that neglecting marital responsibilities in favor of personal pursuits—religious or otherwise—can be grounds for divorce under Indian law.

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