Refusing Mutual Divorce Can Be Cruelty, Says Karnataka High Court
The Karnataka High Court recently ruled that if a marriage has failed due to deep differences and one spouse refuses to give consent for mutual divorce, it can be seen as mental cruelty.
A division bench of Justices A. Muhamed Mustaque and Sophy Thomas stated that when two people are unable to lead a peaceful married life because of serious disagreements, and one of them wants to separate while the other refuses without reason, it causes emotional pain to the spouse seeking divorce.
The judges noted that a court should not force anyone to stay in a broken marriage. If one spouse’s behavior brings constant suffering and mental stress to the other, that qualifies as cruelty and may justify divorce.
The court emphasized that no person should be made to live at the mercy of the unwilling partner in a relationship that has clearly broken down.
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