Demand for separate home away from hubby's family without reason cruel; HC allows Dubai Malayali's divorce petition

The Kerala High Court has observed that a woman's demand for a separate residence away from the husband's family, when made without sufficient reason, can amount to matrimonial cruelty. The court made the observation while allowing the divorce petition of a Dubai-based Kerala man.

A Division Bench comprising Justice Sathish Ninan and Justice P Krishna Kumar was hearing an appeal against a 2021 judgment of the Kannur Family Court, which had rejected the man's divorce petition.

The petitioner, an electrical engineer working in Dubai, had sought divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955, on the ground of cruelty.

The couple married in 2015 and moved to Dubai soon afterwards, where the petitioner was employed. They lived in a rented residence where, according to the petitioner, his parents also stayed.

The following year, the woman returned to Kerala while pregnant and later gave birth to their daughter. The petitioner alleged that despite his repeated requests, she did not return to Dubai. He claimed she told him she would return only if he arranged a two-bedroom flat for the couple and that she would not live with his parents.

The man also levelled other allegations against his wife, including that she did not cooperate with him on matters related to obtaining a visa for their child and failed to inform him about the child's naming ceremony.

The woman denied the allegations and maintained that she had neither demanded a separate residence nor insisted on a two-bedroom flat. She alleged instead that her mother-in-law had mistreated her and prevented her from maintaining a cordial relationship with her husband.

According to the woman, she decided to live separately because of the mental cruelty allegedly inflicted on her by her husband and mother-in-law.

After considering the rival allegations and the evidence on record, the High Court observed that a demand for a separate residence away from the family, without sufficient reason, by itself constitutes an act of cruelty. The court found that the evidence established that the demand for a separate residence in the present case was made without any valid reason or justification.

The court also noted that the couple had been living separately for at least nine years. Considering the circumstances, it held that the petitioner was entitled to dissolution of the marriage on the ground of matrimonial cruelty.