Wife's willingness to resume marriage can't stop divorce, Kerala HC rules
The Kerala High Court upheld a divorce decree for a man, ruling that a marriage can be dissolved due to an irretrievable breakdown even if the wife expresses a desire to reconcile. The court noted that repeated failed attempts at reconciliation and allegations of cruelty made continuing the marriage impossible.
Why it matters
This ruling highlights the legal shift toward recognizing irretrievable breakdown of marriage as a valid ground for divorce in India, prioritizing the reality of the relationship over formal reconciliation efforts.
NEW DELHI: The Kerala high court, in its July 22 order, upheld a family court's decision granting divorce to a man, holding that a husband cannot be denied divorce just because his wife expresses willingness to resume cohabitation. The court observed that although the wife was ready to continue the marriage, repeated attempts at reconciliation had failed and the marital relationship had broken down over the years, making it impossible to compel the husband to continue the marriage.What was the dispute aboutThe couple married under the Special Marriage Act in 1991 after falling in love while working at the government secretariat in Thiruvananthapuram. The husband later approached the family court and sought divorce on the ground of cruelty, according to the court order.The husband alleged that his wife frequently abused him and his mother and made several false accusations against him over the years.
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