A lady who claimed that her husband was obsessively engaging in spiritual pursuits like temple visits but showed little interest in sexual interactions or family life had her divorce decreed by the kerala High Court. The woman's allegation that her husband attempted to force her to adopt his spiritual lifestyle was also taken seriously by a bench consisting of Justices devan Ramachandran and MB Snehalatha.
"One partner in a marriage does not have the right to dictate the personal views of the other, whether those beliefs are spiritual or not. It is mental cruelty to force the wife to follow his spiritual path at the expense of her emotional well-being. According to the court, the husband's lack of interest in family life is a sign that he is not carrying out his responsibilities as a husband.
The kerala High Court's Justices devan Ramachandran and MB Snehalatha One spouse does not have the right to dictate the other's own beliefs, whether they be spiritual or otherwise, just because they are married.
Furthermore, the court stated that there was no cause to doubt the wife's statements. It was decided that a husband's abandonment of his marital responsibilities would constitute mental cruelty, which is a basis for divorce under Section 13(1)(ia) of the Hindu marriage Act, 1955.
"Persistent neglect, lack of affection, and denial of conjugal rights without valid reasons cause severe mental trauma to the spouse and we find no reason to disbelieve the version of the petitioner that she was subjected to severe mental trauma," the court stated. The couple before the court had married in 2016. However, the marriage eventually became strained.
The husband's severe religious practices, according to the wife, were the cause of this. He had no desire to have children or engage in sexual activity, she continued.
She claimed that after the husband got home from work, his only interest was in going to ashrams and temples. She said she was compelled to do the same. The wife went on to claim that he had stopped her from going to graduate school.
The woman first filed for divorce in 2019, but she later changed her mind when her spouse pledged to behave differently. However, because of her husband's unchanging behavior, the woman was compelled to reapply for divorce in 2022. She was granted a divorce by the family court.
The spouse claimed that his spiritual activities were misinterpreted, which prompted him to appeal to the High Court. He also denied obstructing his wife's schooling or ignoring any of his marital responsibilities. The wife was insistent that she did not want to have children before finishing her doctoral studies, he continued.
The court ultimately determined that the husband's ongoing emotional abuse and neglect had caused the marriage to irretrievably fail.
"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, as rightly found by the learned Family court," the ruling stated.
"One partner in a marriage does not have the right to dictate the personal views of the other, whether those beliefs are spiritual or not. It is mental cruelty to force the wife to follow his spiritual path at the expense of her emotional well-being. According to the court, the husband's lack of interest in family life is a sign that he is not carrying out his responsibilities as a husband.
The kerala High Court's Justices devan Ramachandran and MB Snehalatha One spouse does not have the right to dictate the other's own beliefs, whether they be spiritual or otherwise, just because they are married.
Furthermore, the court stated that there was no cause to doubt the wife's statements. It was decided that a husband's abandonment of his marital responsibilities would constitute mental cruelty, which is a basis for divorce under Section 13(1)(ia) of the Hindu marriage Act, 1955.
"Persistent neglect, lack of affection, and denial of conjugal rights without valid reasons cause severe mental trauma to the spouse and we find no reason to disbelieve the version of the petitioner that she was subjected to severe mental trauma," the court stated. The couple before the court had married in 2016. However, the marriage eventually became strained.
The husband's severe religious practices, according to the wife, were the cause of this. He had no desire to have children or engage in sexual activity, she continued.
She claimed that after the husband got home from work, his only interest was in going to ashrams and temples. She said she was compelled to do the same. The wife went on to claim that he had stopped her from going to graduate school.
The woman first filed for divorce in 2019, but she later changed her mind when her spouse pledged to behave differently. However, because of her husband's unchanging behavior, the woman was compelled to reapply for divorce in 2022. She was granted a divorce by the family court.
The spouse claimed that his spiritual activities were misinterpreted, which prompted him to appeal to the High Court. He also denied obstructing his wife's schooling or ignoring any of his marital responsibilities. The wife was insistent that she did not want to have children before finishing her doctoral studies, he continued.
The court ultimately determined that the husband's ongoing emotional abuse and neglect had caused the marriage to irretrievably fail.
"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, as rightly found by the learned Family court," the ruling stated.
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