Kochi: A wife making secret phone calls to another man at odd hours in a day despite the husband’s warning against the same amounts of matrimonial cruelty. Justice Kauser Edappagth in his judgment observed, the appeal filed by the husband for dissolving the marriage on the grounds of adultery and cruelty. He took his case to Kerala High Court after the appeal was dismissed in Muvattupuzha Family Court.
The single bench also observed that mere compromise would not be sufficient for condonation until the matrimonial life was restored.
“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 husband claimed that from the beginning of the marriage, the wife was involved in illegal activities which made his life unpleasant. He also claimed that she was involved with another man prior to marriage as well as after marriage. Advocate T.M.Raman Kartha appearing for the husband, as evidence submitted a printout CD produced from BSNL which showed several calls every day.
Advocate M.B.Sandeep appearing for the wife argued that these were false accusations and that she used to call the man occasionally only. The court observed that mere calling could not be grounds for adultery and cruelty and no illicit relationship can be accused on the basis of this. However, in the evidence submitted by Advocate T.M.Raman Kartha, it was observed that there were calls made at odd hours and quite a few times in a day.
The court saw the records and right from the inception of the marriage their relationship was not stable. They had separated and reunited three times and underwent mediation as well.
The bench also noted that she claimed to call occasionally and the documentary presented however proved the element of cruelty.
Moreover, they accused each other of breach of compromise. Since there was no record to indicate the resumption of conjugal life. Hence, the court found it to be an apt case to be granted a divorce.
