Spouse Refusing to Give Divorce by Mutual Consent Despite Living in a Failed Marriage Amounts to Cruelty
- The Kerala High Court recently observed that if a spouse even after realizing/concluding that his/her marriage has failed refuses to give divorce by mutual consent, then it amounts to cruelty to the other spouse and a ground for grant of divorce in a contested case.
- The Hon’ble Court observed that when the spouse is unable to live together peacefully due to difference in temperaments/opinion and one of the spouses wants to take mutual consent divorce and the other spouse is unwilling to give consent, then such denial of consent will cause mental agony to the other spouse and cause mental cruelty to the spouse demanding divorce.
- The Hon’ble Court observed that spouse can not be forced to continue in a marriage if the relations have deteriorated beyond hope of reconciliation.
- The Hon’ble Court held that it amounts to mental cruelty if a spouse refuses to give divorce by mutual consent even after knowing that their marriage is dead. The act of refusal to take mutual consent divorce in a dead marriage itself amounts to mental cruelty.
This article is for academic purpose only and not legal advice. The readers are advised to take proper legal advice from a practicing lawyer. This article is researched and authored by Advocate Aarun Chanda practicing in Mumbai & Pune.
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