Approving the divorce, the court said: marriage without exchange of feelings is just a legal bond

Pankaj Prasad
Pankaj Prasad
Approving divorce, High Court, Delhi High Court, Justice Vipin Sanghi, Justice Jasmeet Singh, divorce

The High Court's observation while granting divorce to the woman - Keeping the husband and wife bound by legal bond would take away the opportunity of living a full life from them.

The High Court said that without the exchange of feelings, marriage is merely a legal bond. To keep the husband and wife bound by legal bond would be to take away from them the opportunity to live a full life. The continuance of this marital bond in itself amounts to extreme mental cruelty to the appellant. The court made this observation while granting divorce to a woman.

A bench of Justice Vipin Sanghi and Justice Jasmeet Singh, while setting aside the decision of the Family Court not to grant divorce, said that in the present appeal, both the parties can start a new life if they are granted divorce.

The court said the purpose of marriage is to bring together two souls, who set out on an adventurous journey called life. They share experiences, smiles, sorrows, achievements and struggles. They live with their emotional, mental and physical presence. On this journey of life they forge personal, social and spiritual bonds, cherish lasting memories, plans for the future, through which they live with each other in society.

The bench said that in the present case both the parties have not lived together except for some period after marriage. The husband treated the wife as a foreign woman, only to use her as a temporary companion.

The bench said, the wife is educated and working in MNC. The two stayed together for a few days over a span of 11 years, when the husband had come on vacation from Canada. The court said, the issue is how the husband performed his role. It displays indifferent and passive attitude towards the wife. The husband's conduct shows that saving the marriage was not his priority.

Not only this, the husband has made serious and reprehensible allegations against the wife's father, which could not be proved. In a way, he tried to assassinate his father-in-law's character. It would be difficult for any self-respecting daughter to live with a man who has leveled such reprehensible allegations against her father. The bench said, "We are of the view that the aforesaid conduct of the husband is also grounds for mental cruelty to the appellant. Thus, the marriage is annulled.

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What is the matter: The woman challenged the decision of the Family Court, saying that their inter-caste marriage took place on 6 May 2010 in Arya Samaj Mandir, District Baghpat, UP. At that time she was pursuing her B.Tech in Lucknow University while her husband lived in Canada. After marriage, the husband went to Canada and after many years came to India for a few days. After hanging out with him, he used to go back to Canada. During this, the husband used to abuse her mentally and sexually. On the other hand, the husband called the allegations baseless.