Kerala HC: Discreet Calls Made By Wife To A Man Against Husband’s Wishes Is Cruelty

As a woman, I like my independence and I’m not the kind of person who likes being told what to do and what not to do and I’m guessing most of us are like that. But imagine this scenario, if someone tells you to not speak to a certain someone (maybe from the opposite gender) on calls at all and if you do, it would amount to cruelty. Crazy, right? Well, this is exactly what happened with a woman from Kerala. Now, before we go on, let me make this clear — I am, in no way, condoning adultery or infidelity. In a recent case of matrimonial dispute, the Kerala High Court granted divorce to a couple after observing that the wife was making secret phone calls to a man in spite of her husband’s warning against the same. The court ruled that this amounts to matrimonial cruelty.

Justice Kauser Edappagth, in his verdict, observed that during the deposition the husband has claimed that he overheard an intimate conversation between his wife and the second respondent. The husband further claimed that when he questioned his wife she said that the second respondent has more rights on her body and mind than him and continued speaking to him in spite of her husband’s warnings. Speaking about it, the Justice stated that even after the husband questioned the wife and she realised that ‘the husband did not like her making such telephone calls’ but she did not stop her calls with the second respondent.

Also Read: Kerala HC Says It Is Cruelty To Withhold Divorce If The Marriage Is Clearly Over

Justice Edappagth further noted that during the evidence, the wife claimed that she used to call the second respondent only on certain days but the documentary evidence proved it to be false. While the court dismissed adultery charges as the same could not be proved and neither had the husband seen his wife with the second person at any place other than their workplace but the court termed the discreet calls made by the wife as cruelty against her husband. As per Live Law, the Justice said, “Making discreet phone calls frequently by the wife with another man disregarding the warning of the husband, that too at odd hours, amounts to matrimonial cruelty.”

The marital issues began between the couple in 2012 when the wife filed a complaint against the husband and his family member and accused them of assaulting her. Even before that, the husband had a doubt that the wife was cheating on him with a colleague.

Supreme Court Says Cruelty Committed By Women Against Other Women Is Far More Dangerous And Shameful

First Published: February 22, 2022 5:06 PM