Refusing Divorce in a Failed Marriage is Cruelty: Kerala High Court
The Kerala High Court has ruled that refusing divorce in a failed marriage amounts to cruelty. The Division Bench of A. Muhamed Mustaque and Sophy Thomas emphasized that if one spouse’s conduct and character cause misery and agony to the other, it justifies granting a divorce.
This ruling came on February 4, following an appeal filed by a wife challenging the Nedumangad Family Court’s decision to grant her husband a divorce on the grounds of cruelty. Additionally, the husband had appealed against the dismissal of his petition for permanent custody of their five-year-old child.
The husband cited his wife’s alleged quarrelsome behavior as the reason for seeking a divorce. The wife denied these accusations and argued that her husband had failed to provide care and emotional support, even during her pregnancy.
After hearing both sides and examining the evidence, the High Court concluded that the couple “never developed any emotional bond or intimacy.” The court stated that when inherent differences of opinion prevent a husband and wife from leading a meaningful matrimonial life, and one party desires separation while the other withholds consent, it causes mental agony and cruelty to the spouse seeking separation.
The judges noted that both parties had been living separately since 2017 and upheld the divorce granted to the couple. Regarding the husband’s custody petition, the court ruled that custody should remain with the wife. However, this decision does not prevent the husband from filing a fresh petition for visitation or contact rights with the family court.
This judgment underscores the importance of emotional well-being in marital relationships and highlights the impact of withholding consent for separation on the aggrieved spouse.
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