The High Court has remarked on the cruelty of a partner who withholds consent for divorce, even in the face of undeniable marriage failure. The court noted that irreconcilable differences, constant quarrels, mutual disrespect, and emotional alienation create circumstances where reconciliation becomes an unattainable goal within a marriage.
A Division Bench consisting of Justice A Muhammed Mushtaq and Justice Sophie Thomas issued this observation while considering the appeal of a Thrissur-native husband. The husband had appealed the dismissal of his divorce petition by the Irinjalakuda family court.
The couple had originally wed in 2002, and the husband, who had been working abroad, later returned to settle down with his wife. Allegations emerged that the wife was primarily interested in the husband’s financial resources, possibly involved in another relationship, and had misappropriated the funds sent from abroad for building their home. The husband argued that his wife’s neglect and indifference amounted to cruelty.
Taking the case’s extended timeline into account, with the petitioner now over 60 years old and more than a decade spent in legal proceedings, the court found it evident that the couple, despite sharing a home, could not reconcile their differences or establish a harmonious life together.
Consequently, the court determined that there were no compelling reasons to mandate the continuation of their marriage, and thus, the divorce was granted. Additionally, the petitioner was directed to provide his wife with Rs 10 lakh and 10 cents of land as permanent alimony.l
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