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Kerala High Court divorce case: A husband’s unwarranted suspicion of his wife is a grave form of mental cruelty and can turn marital life into hell, opined Kerala High Court Justice Devan Ramachandran and Justice M.B. Snehalata’s bench while hearing a woman’s divorce petition expressed. The court said that marriage is based on mutual trust, love and respect. Relationships lose their meaning when suspicion replaces trust.
Decision of Family Court set aside
High Court V. Bhagat v. D. Bhagat (1994) cited the Supreme Court case which granted the woman’s divorce. The court said that staying in such a relationship can be detrimental to the dignity and mental health of the woman. The Kottayam family court had dismissed the woman’s plea.
Kerala High Court Opinion
Regarding the matter, Justices Devan Ramachandran and Snehalatha said that marriage is based on trust, love and understanding. If the husband is constantly suspicious, married life becomes hell. Frequent doubting and questioning of the wife destroys her self-esteem and peace of mind. A woman’s life is full of fear and stress. When suspicion replaces trust, a relationship loses its true beauty. In such a situation, the wife cannot be expected to remain in the relationship. She also has the right to live freely.
The verdict was given according to this rule
The High Court Bench held that such conduct by the husband amounted to severe mental cruelty and fell under Section 10(1)(x) of the Divorce Act, 1869. The court set aside the order of the lower court. He said that marriage is based on trust, respect and emotional security. If this is lost, marriage becomes a mere burden.
Husband gave wife triple talaq at gunpoint
Meanwhile, a sensational case of triple talaq came to light in the Shahjahanabad police station area of the capital. The husband allegedly threatened the wife by brandishing a licensed gun and saying talaq three times, leading to the end of the relationship. The incident took place in Ashok Colony, where the woman was staying at her maternal uncle’s house. According to reports, the accused husband Danish, a resident of Gujjarpura Kotwali area and owner of a furniture shop, came to his wife’s maternal uncle’s house late on Sunday evening with a licensed gun. According to the woman, on seeing her husband, she panicked and fled to her room. Meanwhile, the accused stood outside the door and said talaq three times. Frightened by this incident, the woman immediately went to the Shahjahanabad police station and lodged a complaint. Police have arrested the accused Danish and seized his gun.
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