The Kerala High Court, in response to an appeal submitted by the husband challenging the dismissal of a divorce petition based on cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955, granted the divorce petition. The Division Bench of A. Muhamed Mustaque* and Sophy Thomas, JJ. determined that the absence of any opportunity for reconciliation and the continuation of the marriage itself constitute an act of cruelty. Information In the present case, the appellant spouse, aged 60, argued that the marriage had reached a state of near-death and that an irreparable breakdown of the marital union, coupled with the unwillingness to accede to amicable separation, could be regarded as an act of cruelty.
The couple entered into matrimony on June 13, 1985, and the two offspring born within the marital union had also reached the age of majority. According to the husband’s claim, he was employed in a Gulf country and upon his return in 2015, he experienced neglect from his wife and children. He received no invitation to his son’s wedding, which took place on the anniversary of his mother’s death. In addition, his wife departed from the marital residence on 2-04-2017 without any justification, prompting the husband to initiate divorce proceedings. However, the wife refuted all accusations of cruelty and maintained that her husband was provoked by her son’s decision to marry a girl of his own choosing. She additionally asserted that’minor disputes within the marital relationship should not be regarded as acts of cruelty.’ Upon reviewing the petition for divorce, the Family Court determined that the husband’s allegations did not meet the criteria for mental or physical cruelty, so precluding the issuance of a divorce decision.
The Court’s Examination of the Irretrievable Dissolution of Marriage The Court asserted that all endeavors to achieve a resolution had been unsuccessful in the present case. Additionally, the parties were urged to consider reconciliation; nevertheless, this endeavor proved unsuccessful. Therefore, it was observed by the Court that the aforementioned marriage could not be reinstated.
The Court drew upon the legal precedents of Samar Ghosh v. Jaya Ghosh, (2007) 4 SCC 511, Beena M.S. v. Shino G. Babu, 2022 SCC OnLine Ker 778, and Rajib Kumar Roy v. Sushmita Saha (Civil Appeal No. 5454 of 2023). These cases established that the act of maintaining marital unions despite the irreparable breakdown of a marriage constitutes cruelty on the part of both parties involved. The Court expressed the view that maintaining the marriage would be harsh to both parties and would not serve any significant purpose. Thus, the Court therefore allowed divorce petition and dissolved the marriage between the parties in the instant appeal. The legal case of Ramanadhan v. Raji, 2023 SCC OnLine Ker 8359, was adjudicated on September 20, 2023. Justice A. Muhamed Mustaque rendered the judgment.
