Appeal allowed — ruling in favour of Roy Thomas (Appellant / Petitioner)
In Short
A husband asked a court to end his second marriage because he claimed his wife treated him poorly and they had lived apart for over sixteen years. The lower court originally said no, but the High Court looked at the massive gap in time and decided the marriage was completely dead, choosing to dissolve it.
The Parties
Party A: Roy Thomas
Party B: Molikutty Francis
Advocates & Judges
For Party A: Learned Advocate Mr. Sergi Joseph Thomas
For Party B: Learned Advocates Mr. Philip T. Varghese, Mr. Thomas T. Varghese, Mrs. Achu Subha Abraham, and Mrs. V.T. Litha
Judge(s): Hon'ble Justice Sathish Ninan and Hon'ble Justice P. Krishna Kumar
What the Case Was About
This case was about a troubled second marriage between a husband and a wife who tied the knot in September 2008 under the Special Marriage Act. Soon after marrying, the husband went with his wife to New Zealand, where she worked as a nurse. Things went sour quickly; the husband claimed his wife humiliated him, locked him out at times, and tortured him. He packed up and returned to Kerala in May 2010, and the two have lived apart ever since. The husband filed a case in 2016 asking to cancel or dissolve the marriage, but the family court dismissed his request. He then brought his fight to the High Court of Kerala.
Judgment Date
24 September 2026
The Outcome
The court allowed the appeal and dissolved the marriage between the husband and the wife by granting a decree of divorce.
What the Court Looked At
- The court noted that the husband and wife have lived completely separate lives since May 2010, which is over sixteen years of separation.
- The court observed that even though the wife sent a lawyer notice in 2014 asking to live together again, she never actually filed any serious court case to force a reunion.
- The court pointed out that counselling sessions arranged during the appeal failed entirely to bring the couple back together.
- The court considered established legal principles showing that a very long period of separation can amount to mental cruelty and proves a marriage has completely broken down.
"We are convinced that at this distance of time there is not even a remote chance of reunion."
What This Means For You
This case shows that staying apart from your spouse for a very long period—such as more than a decade—can convince a court that the emotional bond is entirely gone, even if one partner objects to a divorce. The husband in this case spent many years stuck in a legal limbo because his initial petition was turned down, highlighting how dragging out a dead relationship only delays the inevitable. If you find yourself trapped in a broken relationship where living together is impossible, it is vital to keep clear records of how long you have been separated. Setback Solutions can help you understand your options and coordinate next steps when you are trying to figure out a path forward.
You Still Have Options
If you are facing a broken relationship, a long-term separation, or feel stuck after a court dismissal, remember that it is not the end of the road. You can explore a second opinion, look into changing your legal approach, or seek non-judicial guidance to understand your choices. Setback Solutions is here to help you understand your options and coordinate the next step in plain language. Please note that Setback Solutions is not a law firm and does not give legal advice or guarantee any specific outcome.