Kerala High Court Rejects Patriarchal Divorce Order, Affirms Women’s Autonomy

In a notable observation during a divorce case, the Kerala High Court declared that a woman’s decisions are not inferior to those of her mother or mother-in-law. The case involved a family court order that had dismissed a divorce petition from the wife, suggesting her complaints were merely “ordinary wear and tear.” The family court had also advised the estranged couple to resolve their differences and uphold the sanctity of marriage.

However, the High Court criticized the family court order as “patriarchal to the core” and emphasized that women are not subservient to their mothers or mothers-in-law. The High Court also emphasized that a woman’s decisions should not be considered inferior, and she has the right to make her own choices.

In response to the husband’s lawyer’s suggestion of an out-of-court settlement, the judge clarified that such an arrangement could only proceed if the woman consented. The court transferred the divorce proceedings to Thalassery for the woman’s convenience, and it allowed her mother-in-law to appear via video conference.