KOCHI: A man or woman cannot force their spouse to carry on a failed marriage and denying divorce “on mutual consent” in such a relationship amounts to cruelty, the Kerala HC has said in its judgment after considering separate appeals from an estranged couple.
“If one of the spouses is refusing to accord divorce on mutual consent after having convinced of the fact that the marriage failed, it is nothing but cruelty to spite the other spouse. No one can force another to continue in a legal tie and relationship, if the relationship deteriorated beyond repair,” ruled a division bench led by Justice A Muhamed Mustaque. In this case, the wife had challenged a court’s decision to grant divorce to her husband citing cruelty.
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