Unnecessary Litigation, Complaints to Remove Spouse from Job Amounts to Cruelty, Grounds for Divorce: SC

September 14, 2021 0 Comments


The Supreme Court on Monday held that continued allegations and litigation against spouse amounts to cruelty and would be a ground for divorc, according to a report by Bar and Bench.

“The fact that there have been continued allegations and litigative proceedings and that can amount to cruelty is an aspect taken note of by this court,” said the Bench consisting of Justices Sanjay Kishan Kaul and Hrishikesh Roy, while allowing husband’s plea for divorce.

The Bench was hearing a plea by the husband seeking divorce from his wife of nearly 20 years.

“It appears there was a crash landing at the take-of stage itself,” read the order reviewed by Bar and Bench since the wife left the marriage hall the very night of the wedding and the marriage was never consummated.

The report by Bar and Bench added that the marriage went through several rounds of litigation. The trial court granted divorce on the ground of irretrievable breakdown of marriage, the appellate court set aside the order and in second appeal the decree of divorce was restored. However, a review petition filed by the wife contending the High Court lacked jurisdiction to grant a decree of divorce on the ground of irretrievable breakdown of marriage was allowed. Hence, the matter eventually reached Supreme Court.

It was submitted that the respondent was not willing to accept the decree even though both the parties were living separate lives for almost two decades.

In fact, it was even stated that the respondent was not disturbed by the status of the second marriage of the husband but was unwilling to concede to a scenario where her marriage with the appellant came to an end.

The Bench concluded without hesitation that the marriage had not worked and cannot work, not only on the account of the appellant’s second marriage but also because the parties were so troubled by each other that they were not willing to even think of living together.

However, the Bench also observed that this was a difficult situation since there was lack of mutual consent.

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