Is Being Convinced that Marriage has Failed Refusing to Grant Divorce by Mutual Consent is Cruelty ?
In a recent case, the Kerala High Court observed that if a spouse refuses to give divorce through mutual consent even though they are convinced that the marriage has failed, then it would amount to cruelty.As per the Bench of Justices A Muhammad Mustaque and Sophy Joseph if the court is convinced that the marriage has failed but a spouse is withholding consent for mutual divorce then the court can consider it cruelty.In this case, the wife challenged a divorce decree granted in favor of the husband on the ground of cruelty.The husband’s counsel stated that the wife was quarrelsome and submitted some handwritten notes of the wife mentioning daily in schedules.In this context, it was argued that if she deviated from the schedule, she got very disturbed.It was submitted by the husband that the wife had a personality disorder and because of this, the marriage deteriorated.On the other hand, the wife submitted that the husband did not support her emotionally during her pregnancy and also denied any wrong doing.After hearing the submissions, the Bench opined that the couple never developed any emotional bond or any intimacy.The court further opined that the couple was leading an incompatible life from the start of their marriage.Some other divorce case :Make box item.- Wife’s Habit of Chewing Tobacco Not a valid Ground for Divorce: HC- Repeated filing of frivolous complaints against husband amounts to cruelty as a ground for divorce: SC- “Overseas Wife”- HC Grants Divorce Says Husband Used Wife as Temporary Companion- Mere Allegation of Cruelty Not Enough For Divorce: Allahabad HCThe court refused to believe the husband’s contention regarding the wife’s alleged behavior disorder due to lack of medical proof but stated that the wife’s conduct might have contributed to the deterioration of the relationship.The Bench also noted that the couple has been living separately since 2017 and ruled that the Family Court did not err in granting the divorce.Regarding the husband’s appeal regarding the child’s custody, the court opined that the husband has not shown much interest in raising the child, therefore, the child should remain with the mother.However, the court clarified that the husband can approach the Family Court for visitation rights or to file a fresh petition.COURT UPDATESWife Failed to Give Any Reason For Not Staying With Husband, SC Grants Divorce.Dr Ajay Kummar PandeyAdvocate Supreme Court of India
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