PREETHA Vs. BHASKARAN

JUDGEMENT

(1.) Can impossible and anachronistic standards of cruelty physical and mental - be insisted by a Court before directing dissolution of marriage What is the standard of cruelty that has to be established to justify a claim for divorce on that ground Is the Court below in the nature of the pleadings and evidence, justified in turning down the claim for divorce sought by the Appellant/wife These questions arise for consideration in this appeal.

(2.) The Appellant and the Respondent were married on 28-12-1998. The spouses lived together till April, 2008. No children were born in the wedlock. The wife alleged that the husband is guilty of physical, mental and sexual cruelty of the contumacious variety. She had endured such cruelty for a period of about a decade. Unable to stand the cruelty any longer, she was constrained to leave the matrimonial home in April, 2008. Thereafter also the husband did not show any interest in getting the marriage work. He did not contact the Appellant. Her mother was sick and she was admitted in the hospital. The Respondent/husband even after he was informed did not care to enquire about her. Later her mother died. Even thereafter the husband did not care to contact his wife. At that juncture he issued Ext. A1 notice calling upon the wife to resume cohabitation. It was replied by the wife as per Ext. A2, in which a detailed narration of the present case of the wife was advanced in defence. The husband did not initiate any proceedings in pursuance of Ext.A1.

(3.) The petition for dissolution of marriage was filed by the wife ultimately on 26-9-2008. The husband appeared before the Family Court. The parties were referred for counselling. The counselling was not productive. The matter came back to the Court. Thereafter the counsel who was appearing for the Respondent/husband reported no instructions. The Respondent did not attempt to resist the claim for divorce. He was set ex parte. The claimant/wife examined herself as PW1. Exts. A1 and A2 were marked.