Thiruvananthapuram, Sep 22 : The Kerala High Court has intervened and decided to dissolve a marriage that was on the rocks for the past 38 years.
The court pointed out that retaining a marriage that has irretrievably broken down would amount to cruelty to both parties, and no meaningful purpose would be served by the same and rode on an apex court judgment which said keeping parties together despite irretrievable breakdown of marriage amounts to cruelty on both sides.
The court came to the conclusion when an elderly appellant, who is the husband of the respondent, filed the present appeal on being aggrieved by the dismissal of the plea for divorce on the ground of cruelty by a family court.
The beleaguered man claimed that the marriage had irretrievably broken down and the refusal to issue consent for mutual separation ought to be treated as cruelty.
He also emphasized that he had been neglected by his wife and two children, and that he had not even been invited to the wedding of his son.
The respondent, however, denied the allegations levelled against her, and submitted that minor bickering in the marriage could not be treated as cruelty.
The Family Court found the allegations as not constituting any mental or physical cruelty to grant a decree of divorce, and dismissed the plea.
However, the high court noted that the marriage, now 38 years old, could not be revived.
It also took note that the appellant was living alone.
Finally, the Court relying upon the Supreme Court went forward and said, “retaining the marriage itself is a cruelty to both the parties and no meaningful purpose would be served,” opined the court and allowed the appeal and dissolved the marriage between the parties.
