Path: Home » NEWS against MEN » Divorce » Refusing Divorce in a Failed Marriage is Cruelty: Kerala HC

Refusing Divorce in a Failed Marriage is Cruelty: Kerala HC

The Kerala High Court has ruled that denying divorce in a failed marriage can amount to mental cruelty. The court emphasized that when one spouse’s conduct causes emotional pain and misery to the other, it justifies granting a divorce. The judgment underscores that a spouse’s life cannot be left at the mercy of the other in cases of irreparable marital discord.

Case Background

A division bench comprising Justices A. Muhamed Mustaque and Sophy Thomas delivered the verdict while hearing two appeals:

  1. An appeal by the wife challenging a family court’s decision granting divorce to the husband on grounds of cruelty.
  2. An appeal by the husband against the denial of permanent custody of their five-year-old child.

The husband alleged that the wife’s quarrelsome behavior led to irreconcilable differences, while the wife denied the claims, stating that the husband had failed to provide emotional support, even during her pregnancy.

Court’s Observations

The court examined evidence, including email communications and oral testimonies, and concluded:

  • The couple lacked emotional bonding and intimacy throughout their marriage.
  • Their differences of opinion were so severe that a meaningful marital relationship was impossible.

The bench remarked:

“When one spouse seeks separation and the other withholds consent, it causes mental agony and cruelty to the spouse demanding separation.”

Ruling Highlights

  1. Divorce Granted: The court upheld the family court’s decision to grant divorce, noting the couple had been living apart since 2017 and their relationship was beyond repair.
  2. Child Custody: Custody of the five-year-old child remains with the wife. However, the court allowed the husband to file a fresh petition in the family court for visitation or contact rights.

The judgment acknowledges the emotional toll of a failed marriage and highlights the need for legal separation when both parties cannot lead a harmonious life together.

Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==

Leave a Reply

Your email address will not be published. Required fields are marked *