The Karnataka High Court has ruled that if one spouse withholds consent for mutual divorce when a marriage has failed due to incompatibility, it can be considered cruelty. The Division Bench, comprising Justices A. Muhamed Mustaque and Sophy Thomas, stated that if the conduct of one spouse causes pain and suffering to the other, it justifies the granting of divorce on the grounds of cruelty.
The court emphasized that when a couple is unable to live a meaningful married life due to ongoing differences, and one spouse is ready to separate while the other refuses, this refusal itself can cause mental distress. The judgment underlined that a court cannot leave one spouse’s life at the mercy of the other in such situations.
The ruling recognizes that the refusal to consent for mutual divorce, when one party is clearly in distress, amounts to cruelty and mental agony, thus providing grounds for divorce.
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