It is marital cruelty if the wife secretly makes phone calls to any other person despite the husband's refusal. -Kerala High court

The Kerala High Court held that if the wife makes a secret phone calls with another person despite the husband's warning,it amounts to marital cruelty.

Justice Kausar Edappagth heard the matter and said-if a wife makes a secret phone calls to another person, ignoring the warning of her husband,it will amount to marital cruelty. A person filed a petition in the High court challenging a decision of the family court. The family court had dismissed the demand to dissolve the marriage on the ground of adultery and cruelty. 

The court said that the evidence of phone calls between the wife and another person was not sufficient to level the allegation of adultery, but the couple had separated several times due to marital discord and then reunited after counseling. The marital discord between the husband and wife started in 2012, when the wife filed a Complaint alleging assault on the husband and his relatives.Even before this, the husband suspected that his wife having an affair with another person in the office. The High Court dismissed the allegation of adultery in this matter and observed that the husband never saw the wife and other person together at a place other than the office and hence the evidence was insufficient. However, the husband had given a statement that he had heard intimate talk between his wife and another person several times. The husband said that he had warned his wife several times, despite this, she continued with the other person on the phone. The court Considered making phone calls as marital cruelty and ordered for divorce.