Wife Alleges Husband’s Disinterest in Sex, Intense Focus on Spirituality; Kerala High Court Grants Divorce

A Marriage Marked by Emotional Withdrawal

The couple, married in 2016, saw their relationship deteriorate as the wife, an Ayurvedic doctor, alleged that her husband showed no interest in conjugal life. She claimed he was preoccupied with temple visits, rituals, and superstitions while refusing to have children or engage in any form of physical intimacy.

Her petition also accused him of interfering with her postgraduate studies and misusing her stipend. Despite withdrawing an earlier divorce petition in 2019 after his assurances, she found no change in his behaviour, leading her to approach the Family Court again in 2022.

Husband Denies Allegations

The husband contested the claims, stating that he had supported her education and that she had delayed having children for career reasons. He denied any superstitious beliefs or financial exploitation, instead alleging that her parents were controlling her earnings.

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Court’s Verdict: Spiritual Imposition and Marital Neglect Amount to Cruelty

The key legal questions in this case included whether the husband’s refusal to engage in sexual relations and his disinterest in having children amounted to cruelty under Section 13(1)(ia) of the Hindu Marriage Act. Additionally, the court had to consider if compelling a spouse to follow spiritual practices could be seen as mental cruelty.

Justice MB Snehalatha, who authored the judgment, analysed the wife’s testimony and evidence. She highlighted the wife’s statement that her husband was more interested in spiritual activities, such as visiting temples and conducting pujas and showed no interest in leading a marital life, including physical intimacy.

The Court accepted her version, finding it credible that she had been subjected to mental cruelty. The judgement emphasised the difference between physical and mental cruelty, noting that while physical abuse is easier to prove, mental cruelty varies significantly from case to case. The Court observed, “Persistent neglect, lack of affection, and denial of conjugal rights without valid reasons cause severe mental trauma to the spouse.”

Addressing spiritual imposition, the Court ruled, “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 also cited the Supreme Court’s ruling in Roopa Soni v Kamalnarayan Soni [AIR 2023 SC 4186], emphasising that the concept of cruelty must be evaluated with flexibility. It acknowledged that what may constitute cruelty for a woman in one case may not apply to a man in another.

The Kerala High Court concluded that the marriage had irretrievably broken down due to a lack of mutual affection, trust, and companionship. The Bench emphasised that the husband’s frequent temple visits and emotional withdrawal from marital obligations led to the deterioration of the relationship.

The Court dismissed the husband's appeal and upheld the Family Court's decree for divorce, stating, “We do not find any reason to unsettle the said finding, which is based on correct appreciation of facts and evidence.” The appeal was rejected, and both parties were directed to bear their costs.

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