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Synopsis

The Kerala High Court has recently made an observation that a wife's lack of cooking skills and not preparing food for her husband cannot be considered an act of cruelty.

“Another ground of cruelty urged by the appellant is that the respondent did not know cooking and so, she did not prepare food for him. That also cannot be termed as cruelty sufficient enough to dissolve a legal marriage,” the bench observed.

A division bench of the Kerala High Court, consisting of Justice Anil Narendran and Justice Sophy Thomas, was hearing an appeal filed by the husband who sought a divorce from his wife on the grounds of cruelty.

The couple got married in May 2012 and initially resided together in the husband's house. However, they later relocated to Abu Dhabi.

The husband contended that his wife never respected him and consistently maintained distance from him. He further alleged that his wife even spat on his body, although she later apologized.

The husband also claimed that his wife had sent an email to his employer in an attempt to get him terminated from his job. He added that she was unwilling to cook for him and frequently quarrelled with his mother over trivial matters.

In response, the wife alleged that the husband had sexual perversions and made derogatory comments about her body size and complexion.

She further added that the husband had some mental issues and had been taken to doctors in Abu Dhabi. She asserted that although the doctors prescribed medication, the husband refused to take it.

After perusing the email sent to the employer, the court found that the wife was expressing her anxiety to the employer and seeking assistance to understand what was ailing her husband, with the intention of helping him return to a normal life.

Additionally, the court noted that the husband had not presented any evidence to substantiate his claim of being spat upon.

The division bench emphasized that in a marriage, one party cannot unilaterally decide to end the marriage when there are insufficient grounds justifying a divorce.

“So legally, one party cannot unilaterally decide to walk out of a marriage, when sufficient grounds are not there justifying a divorce, under the law which governs them, saying that due to non-co-habitation for a considerable long period, their marriage is dead practically and emotionally. No one can be permitted to take an incentive out of his own faulty actions or inaction,” the bench said.

Therefore, the high court refused to grant divorce to the husband and upheld the order of family court.