Cruel not to grant divorce even after total marriage failure: HC

Kochi: It is cruel on the part of the partner not to give consent for divorce even if he or she is convinced that the marriage is a complete failure, the High Court has observed.

Constant quarrels, lack of respect for each other, and alienation are factors that make reconciliation impossible in married life, it said.

A Division Bench comprising Justice A Muhammed Mushtaq and Justice Sophie Thomas made the observation while granting the appeal filed by the husband, who is a Thrissur native, against the rejection of the divorce petition by the Irinjalakuda family court.

The two got married in 2002. The husband, who was working abroad, returned home and settled down. The husband alleged that his wife was only interested in his money and that she had another affair, and she even wasted the money he had sent from abroad to build a house. He argued that his wife's neglect and indifference towards him were cruel.

The petitioner, who approached the family court in 2011, has now crossed the age of 60. The court pointed out that more than a decade had been spent by the two in the case. Despite being lodged in the same house, the couple has not been able to get along with each other or find the rhythm of life.

The court felt that there were no reasons to ensure the continued life of the parties together and hence allowed the divorce. The petitioner was also directed to give his wife Rs 10 lakh and 10 cents of land as permanent alimony.