“If the conduct and character of one party causes misery and agony to the other spouse, the element of cruelty to the spouse would surface, justifying grant of divorce”, the Division bench of A. Muhamed Mustaque and Sophy Thomas, JJ., of Karnataka High Court held that, Court cannot leave the life of a spouse to the mercy of the opposite spouse.
The judgement came on Feby 4 while one appeal was filed by the wife challenging the order by Nedumangad Family Court, which allowed divorce plea by husband (respondent) on the ground of cruelty, another one was filed by the husband challenging the dismissal of his petition seeking permanent custody of their five-year-old child. The husband referred to her alleged quarrelsome attitude as the reason for divorce and the wife denied such sort of behaviour from her side. She also contended that the husband had failed to offer care and emotional support even during her pregnancy.
The court said that after hearing both sides, and examining the evidence, it is of the opinion that the two “never developed any emotional bond or intimacy.”
High Court stated that,
When husband and wife are unable to lead a meaningful matrimonial life due to inherent differences of opinion and one party is willing for separation and the other party is withholding consent for mutual separation, that itself would cause mental agony and cruelty to the spouse who demands separation.
After perusing the evidence, email communications and oral evidence of the parties, the judges also observed that they could not completely blame the wife for the deteriorated relationship. “All that would go to show that the parties never had a peaceful relationship,” the bench said.
Saying that both of them are young and have been living separately since 2017, the judges upheld the divorce given to the couple. With respect to the custody petition filed by the husband, the court said that while the custody shall remain with the wife, its order will not stand in the way of the husband’s option to move family court with a fresh petition for visitorial rights or contact rights.
