In a recent divorce case, the Kerala High Court made a significant decision, stating that not agreeing to mutual consent in a troubled marriage is regarded as a form of cruelty. This case involved a husband who had previously tried and failed to obtain a divorce based on cruelty in the Family Court.
A Division Bench comprising Justice A. Muhamed Mustaque and Justice Sophy Thomas observed, “The court rooms cannot be replaced to allow the parties for a battle for grooming their egos and idiosyncratic behaviour. The Court is established for genuine people who honestly dispute on the cause. If they cannot live together even by sharing residence for more than a decade, it can be presumed that sense is lost on both. The idea of no fault divorce is making the people to realise that there is a sensible way of parting on a mutually agreed terms. Withholding mutual consent in a failed marriage is nothing but cruelty.”
Advocate P. Narayanan represented the husband, and Advocate G. Sreekumar (Chelur) represented the wife in a recent divorce case. This case involved a marriage conducted according to Hindu customs, with two children born during the marriage. The husband, who had been living in Muscat, alleged that the wife, who came from a financially disadvantaged background, was mainly interested in getting money from him. He claimed that the money he sent from Muscat was consistently misused, including funds intended for building a home. He also accused the wife of having an affair with her sister’s husband. The husband argued that the wife’s neglect and emotional detachment amounted to cruelty, which he cited in his divorce petition. He also mentioned a family dispute between the wife’s family and her deceased brother’s widow, in which he supported the widow’s side. The wife strongly denied all these allegations, leading to the court’s involvement.
Considering these circumstances, the High Court noted, “This dispute seems motivated not by valid reasons but by a desire to protect personal pride and seek revenge against the spouse. A recent Supreme Court decision (Civil Appeal No.5454 of 2023, 2023 Live Law sc 727) emphasized that forcing a couple to remain in a broken marriage is cruel to both parties.” Therefore, the Court granted the divorce but ordered the husband to pay Rs. 10 Lakhs as long-term support to the wife and transfer 10 cents of land to her.
“The appellant-husband is directed to produce the sketch earmarking the ten cents of land within a period of one week. The respondent shall signify before this Court regarding her willingness to accept the 10 cents of land offered by her husband within a further period of one week”, further directed the Court. Accordingly, the High Court allowed the appeal.
