The Kerala High Court, Ernakulam Bench, has upheld the Family Court’s decree dissolving a marriage, while enhancing the wife’s monthly maintenance from ₹6,000 to ₹15,000.
The Family Court, Kottayam, had earlier granted a decree of divorce in favour of the husband under Section 10(1)(x) of the Divorce Act, 1869 (“Act”), on the ground of cruelty, while allowing the wife’s plea for maintenance. Both parties challenged the decision, the wife contesting the divorce and seeking higher maintenance, and the husband objecting to the maintenance order.
The wife contended that the Family Court erred in granting a divorce, as the allegations made by the husband, relating to her conduct toward his children and family, did not amount to “cruelty” in law. She further argued that the maintenance of ₹6,000 was inadequate given his substantial income of Rs. 2 Lakhs per month from employment at a U.S. military base.
The husband, on the other hand, submitted that the wife was cruel and indifferent toward his children from his first marriage, subjected them to physical and mental abuse, and even attempted suicide without cause, causing him severe mental agony. Relying on precedents such as Mohanan v. Thankamani, 1994 (2) KLT 677, and Narendra v. K. Meena, 2016 (5) KHC 180, he contended that cruelty to one’s children and the attempt to separate husband from his children amounts to mental cruelty on the spouse and justified the decree of dissolution of marriage granted by the Family Court.
The Division Bench of Justice Sathish Ninan and Justice P. Krishna Kumar, found the wife’s own testimony inconsistent and accepted the evidence of the husband and his children as credible.
While upholding the decree of divorce, the Court modified the Family Court’s order on maintenance, holding that ₹6,000 per month was insufficient in light of the husband’s income and the wife’s needs, and enhanced the maintenance to ₹15,000 per month from the date of the petition. Reference was made to Jasbir Kaur Sehgal v. District Judge, Dehradun (1997) 7 SCC 7, and Rakhi Sadhukhan v. Raja Sadhukhan, AIR 2025 SC 3268.
Appearances
For the Appellant- Shri D.G. Vipin and Shri Karol Mathews Sebastian Alencherry, Advocates
For the Respondent- Shri Abraham George Jacob, Shri Jibu P. Thomas, and Shri C. Muralikrishnan (Payyanur), Advocates
