Photographs Of Couple In A Happy Mood Does Not Mean They Were Leading A Happy Married Life: Kerala HC [Read Judgment]

The Kerala High Court has observed that though the photographs may reflect that the couple were in a happy mood, but it does not mean that the couple was leading a happy married life.

The wife's divorce petition was allowed by the Trial Court. She had sought divorce on the ground of cruelty and desertion. It was found that the wife was successful in proving cruelty and therefore she was entitled for divorce. It was also found that the husband had deserted the wife and the child for more than two years and therefore the wife was entitled for divorce on the ground of desertion as well.

While dismissing the husband's appeal, the division bench comprising Justice AM Shaffique and Justice N. Anil Kumar noted that the husband had placed reliance upon certain photographs to prove that the couple had been leading a happy married life. In this regard, the bench said:

"Though the photographs may reflect that the couple was in a happy mood, that does not reflect as to how they were living together. At the time of taking the photographs, they seem to be in a happy mood. But that by itself does not mean that the couple was leading a happy married life, and there was no demand for patrimony."

The court said that there is sufficient material to arrive at a finding that the husband had ill-treated his wife, which amounts to mental and physical cruelty. 

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