In the failed marriage not giving divorce is cruelty

The Kerala High Court on Tuesday said a spouse refusing to give divorce on mutual consent, despite being convinced that the marriage has failed, amounts to cruelty. “No one can force another to continue in a legal relationship if it deteriorates beyond repair,” observed a division bench of the court. It issued the order on a petition filed by a 32-year-old woman from Pathanamthitta against the order of the Nedumangad family court that granted divorce. Her husband, realising that he could not move forward with the marriage, had approached the family court for divorce on the ground of cruelty. He cited the woman’s constant and recurring quarrelsome attitude as the ground for divorce. The woman, in her plea, denied any sort of misbehaviour from her side. However, she admitted the husband had failed to offer care and emotional support when it was required, including during pregnancy. Citing that the couple has been living separate since 2017, the court upheld the family court’s order to grant divorce.