Nowadays, many cases of divorce are coming to light in India, the reasons for which are also different. Sometimes mutual differences between husband and wife and sometimes an affair of one of them becomes a major reason for this. But amid all this, a question often arises whether the wife can ask for divorce even if the husband has a lot of suspicion. In fact, recently a similar case has come to light from Kerala, in which the High Court has given a big and important decision on this issue. The court has made it clear that if the husband constantly suspects his wife, keeps an eye on her every activity and interferes with her freedom, then it comes under the ambit of serious mental cruelty. In such a situation, let us now tell you whether the wife can ask for divorce on the basis of whether the husband is very suspicious and what does the law say about it?

What was the whole matter?

Actually this matter is from Kottayam, Kerala. According to reports, the woman got married in the year 2013 and she also has a daughter. The woman told the court that her husband started doubting her from the initial days of their marriage. She felt bad if she talked to a man, so much so that her husband forced the woman to leave her nursing job due to suspicion. The woman told the court that when she went abroad with her husband, his behavior became worse. He often locked her in the room, did not allow her to talk to anyone on the phone and sometimes even beat her. At the same time, the woman’s husband called the woman’s accused a liar and accused the woman of presenting exaggerated stories in the court. But the court accepted the wife’s testimony as true.

High Court gave important decision

Before the High Court, a woman from Kerala had filed her petition in the Family Court, but the Family Court had rejected the woman’s petition. After which the High Court overturned the decision of the Family Court. The High Court said that a suspicious husband can make any married life hell. Constant doubt and trust poison the foundation of marriage. The High Court said that when a husband suspects his wife without any reason, keeps an eye on her activities, questions her honesty and interferes with her freedom, then it is a case of serious mental cruelty.

What does the law say?

Regarding this issue, the Kerala High Court, citing Section 10(1)(x) of the Divorce Act 1869, said that continuously doubting the wife and interfering in her personal freedom comes under mental cruelty. In such cases the wife can demand divorce. This decision was going to be considered an example for all those cases where doubt took the place of love and trust in the relationship. The Kerala High Court also made it clear that when trust in marriage prevails over doubt, the relationship loses its meaning.

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The Supreme Court on Tuesday (July 22, 2025) directed a woman officer of the Indian Police Service (IPS) to apologize to her husband and father -in -law, on whom she has filed a case and she is sitting in jail. The court has also directed the IPS wife in strict tone that she will not use her position and power against her husband. The court has directed the apology to publish in prestigious English and Hindi Daily Newspapers.

According to PTI report, IPS officers were living separately from husband from 2018. The court, using its extraordinary powers, allowed the husband and wife living separately to end the marriage and canceled several civil and criminal cases filed against each other. The Supreme Court also quashed the High Court’s decision, in which the husband was instructed to give the woman a living allowance of Rs 1.5 lakh every month.

A bench of Chief Justice Bhushan Ramakrishna Gavai and Justice Augustine George Christ instructed the female IPS officer and her parents to apologize unconditionally from the husband’s family living separately. The bench ordered the end of a long legal battle between them after the marriage was broken in 2015 using the powers provided under Article 142 of the Constitution.

Article 142 gives the Supreme Court the right to issue any order required for complete justice in any case pending before them. The bench noted the arguments of both the parties that they wanted to resolve all the disputes including the daughter’s custody matters and settle all pending cases to avoid any litigation in future and maintain peace.

On the issue of custody of the daughter, the bench said, ‘The child’s custody will be with the mother. Father … and her family will have the right to monitor the girl for the first three months and then on the basis of convenience and goodness of the girl … The first Sunday of every month can be met at the teaching site of the girl from 9 am to 5 pm on Sunday of every month, or as per permission permission under school rules and regulations.

The bench also considered the fact that the woman voluntarily agreed to give up her claim of any kind of alimony from her husband. As a result, the Supreme Court quashed the High Court order to maintain Rs 1.5 lakh per month to the wife.

The bench said in its order, ‘To end the long legal battle between the two sides and to ensure complete justice, all pending criminal and civil lawsuits filed against each other from both sides, including cases filed against wife, husband and her family members in any court or forum in India, but are not limited to the same, as they are, they are canceled and taken back.’

The bench also canceled the cases filed against him on behalf of the third party, which both sides were not aware of. The court considered the fact that the husband and her father are in jail due to the cases filed by the IPS wife. The bench asked the female officer and their parents to apologize unconditionally.

The apology was directed to publish in the national edition of a prestigious English and Hindi daily. The bench directed the female officer to never use his position and power as an IPS officer against her ex -husband.