Ker HC | Wife’s persistent effort to separate husband from family amounts to cruelty: Divorce granted in favour of husband

Kerala High Court: A Division Bench of A.M. Shaffique and Mary Joseph, JJ., granted a decree of divorce in favour of husband on the ground of cruelty by the wife.

Decree for dissolution of marriage was sought by the petitioner but declined by Family Court and the same is in challenge.

Background

Marital relationship of petitioner and respondent  did not last long due to the quarrelsome nature of respondent who found pleasure in quarelling with petitioner and his mother.

Later she started declaring that she would commit suicide. She used to call the petitioner ‘dog’ and ‘shameless creature’. She used to undermine his person stating that he is not a fit person to be her husband and insult him by beating him in front of his relatives.

Thus transpiring from the above, Original petition seeking for a decree for dissolution for marriage was filed wherein, allegations of cruelty were denied by the respondent. It was further urged that petitioner was a drunkard, who is in the habit of coming home late in the house in intoxicated state, he used to assault her and the child and also destroyed the tea – poy.

On perusal of the circumstances, in family court’s opinion there was no basis for the petitioner to contend that reunion was impracticable due to irrecoverable break down of the marriage.

Thus, the present appeal was filed and dissolution of marriage was sought on ground of cruelty.

Petitioner’s counsel submitted that dislike of respondent towards his mother often resulted in quarrels, which impacted loss of peace and tranquility in their life.

Decision

Court found that respondent has no case that petitioner was a drunkard when he married her. Evidence indicates that the respondent and the petitioner’s mother were not cordial and clashes were frequent.

It is natural for a wife in that scenario to make persistent effort to constrain her husband to be separated from the family life and that would undoubtedly be tortuous for him.

In the case on hand the petitioner’s turning to be a drunkard can only be taken as the natural outcome of the pressure exerted on him by the respondent to have a separate residence to the exclusion of petitioner’s mother.

No family is totally devoid of clashes among members constituting it. It is common for elders to scold and sometimes abuse youngsters. Making a daughter in law to do the house hold/domestic work is also not something unusual.

Thus in Court’s opinion, Family Court’s decision was highly unjustified it took role of a councilor rather than an adjudicator.

Hence in the opinion of the present bench, evidence as discussed above is satisfactory to take a view that the respondent has treated the petitioner with cruelty sufficient enough to grant a decree for dissolution of marriage in his favour.

Judgment of the Family Court under challenge deserves to be reversed. [Ranjith P.C. v. Asha Nair. P, 2020 SCC OnLine Ker 1751 , decided on 20-05-2020]

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