Ernakulam: Refusing divorce in a failed marriage can be considered as cruelty and a spouse cannot force another to continue such marriage, the Kerala High Court has observed while granting divorce to a woman, who is a native of Thiruvananthapuram.
The high court had intervened after the family court rejected the woman's divorce petition and her husband had refused to grant her divorce.
Initially, the petitioner had approached the family court for divorce, but her husband opposed it. Following which, the lower court had rejected her divorce application, citing lack of evidence to prove her husband's cruelty.
During the hearing of the case, the high court pointed out that the family court had not considered the statements of the woman and her daughter. The court pointed out that the couple was unable to sustain the marriage in a meaningful way and clarified that if one of the spouses refuses to accord divorce although the marriage has failed then it is cruel to the other spouse, who is seeking the divorce.
The court also noted that maintaining a relationship that has deteriorated beyond repair then continuing it would do more harm than good. Beyond the emotional pain, such a failed marriage would hinder the progress of the couple's lives, the high court stated.
After hearing the petition, a division bench comprising Justices Rajavijaya Raghavan and P.M. Manoj quashed the family court's order rejecting the divorce petition and granted divorce to the petitioner.
Read more
One Doesn't Become 'Enemy' Just Because He Went To Pakistan For Work: Kerala HC
