The Kerala High Court ruled on Tuesday that a spouse who refuses to grant divorce on mutual consent knowing that the marriage has failed, is considered to be cruel. A division bench of the court stated, ‘No one can force another to continue in a legal relationship if it deteriorates beyond repair’.
The court made the observation in response to a petition filed by a 32-year-old woman from Pathanamthitta challenging a divorce order issued by the Nedumangad family court. Her spouse had submitted petition in the family court for divorce on the grounds of cruelty after realising he couldn’t move forward with the marriage. The frequent and repeated quarrelsome attitude of the woman, he claimed, was the reason for the divorce.
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In her plea, the woman denied any form of wrongdoing on her part. She did concede, though, that her spouse had failed to provide care and emotional support when she needed it, especially throughout her pregnancy. The court maintained the ruling of the family court to grant divorce, citing the couple’s separation since 2017.
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