A division of Kerala high court consisting of the Justices A. Muhamed Mustaque and Dr Kauser Edappagath in a precedent judgment held that any act of one parent that results in alienation of the child from another parent will amount to mental cruelty. While pronouncing the judgment the court put up the rationale that it is very agonizing that one cannot meet his/her flesh and blood.
The division bench of the High court made this observation while allowing an appeal petition by a husband against the other spouse. The husband had filed for divorce on the ground of cruelty. Earlier his appeal petition in the Family Court in Thrissur was dismissed.
Further in this case the court also explained what mental cruelty is:-
- There must be something more grave and severe than just the ordinary wear and tear of the married life.
- The conduct of one of the spouses must have caused a mental apprehension that the other cannot live in the marital tie.
- Cruelty may be verbal abuse using filthy words
Hence the court allows the relief in favour of the appellant and the act of the wife is put under the act of mental cruelty.