Withholding divorce despite failed marriage is cruel, says Kerala HC
A division bench of the Kerala High Court comprising Justice A Muhammed Mushtaq and Justice Sophie Thomas made the statement while granting the appeal filed by the husband, who is a Thrissur resident, against the denial of the divorce petition by the Irinjalakuda family court.
Kochi: The High Court has stated that it is cruel on the side of the partner to withhold consent for divorce even if they are fully convinced that the marriage is doomed. Reconciliation in marriage is impossible because of ongoing arguments, a lack of regard for one another, and alienation, the court stated. A division bench comprising Justice A Muhammed Mushtaq and Justice Sophie Thomas made the statement while granting the appeal filed by the husband, who is a Thrissur resident, against the denial of the divorce petition by the Irinjalakuda family court. The court also observed that a mutual divorce from both parties is the way to separate amicably.
The couple got married in 2002. The husband, who had been working abroad, returned home. He claimed that his wife had another affair, was solely interested in his money, and even spent the money that he transferred from abroad to build a house. He said that his wife had been harsh to him through her disregard and apathy.
In 2011, the complainant approached the family court for divorce. The court also pointed out that the complainant, who has now crossed the age of 60, spent ten years following the case. The wife stated that Rs 10 lakh and 10 cents of land offered as compensation for the divorce were not acceptable and put other demands as a condition for the divorce. The court also observed that the parties are testing the court that despite living together in the same house, the couple cannot go together. The court also stated that turning the court into a battleground for ego is not the right way.
The court approved the divorce as it did not see any justification for maintaining the couples' marital status quo. Additionally, it was ordered that the petitioner give his wife a permanent alimony payment of Rs. 10 lakh and 10 cents in the form of land.