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United By Astrology, Divided By Judgment: Delhi HC Grants Divorce By Blending ‘Irretrievable Breakdown Of Marriage’ With ‘Cruelty’ [Read Judgment]

Ashok KM
12 Nov 2016 6:37 AM GMT
United By Astrology, Divided By Judgment: Delhi HC Grants Divorce By Blending ‘Irretrievable Breakdown Of Marriage’ With ‘Cruelty’ [Read Judgment]
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We only wish that the astrologer who matched the horoscope was not a novice, the bench remarked.

United by astrology, divided by judgment. A couple, both highly-educated and hailing from well-off families, decided to marry as their elders found that they have matching horoscopes. They tied the knot in December 2008, which went downhill within six months. The boy approached the family court seeking divorce on the ground of mental cruelty, but it was not granted. Now, the Delhi High Court has allowed the appeal dissolving the marriage.

The Delhi High Court has observed that though irretrievable breakdown of marriage is not a ground to grant divorce, but the courts have blended the concept of cruelty with irretrievable breakdown of marriage.

The division bench comprising Justice Pradeep Nandrajog and Justice Pratibha Rani, dissolving the marriage and referring to various case-laws, observed: “where there is evidence that the husband and wife indulge in mutual bickering, leading to remonstration and therefrom to the stage where they target each other mentally, insistence by one to retain the matrimonial bond would be a relevant factor to decide on the issue of cruelty, for the reason the obvious intention of said spouse would be to continue with the marriage not to enjoy the bliss thereof but to torment and traumatise the other.”

Referring in detail to the allegations spouses made against each other, the court observed that there has been mental cruelty by both against each other.

 ‘No appreciation for intelligence in the market of matrimony’

The court further observed: “Both are well qualified. Both have a Master’s degree in Business Administration. They are intelligent. They have a well-paid job. But perhaps there is no appreciation for intelligence in the market of matrimony where spouses sum up each other according to their own standards, in which no marks are awarded for intellect. To keep a marriage afloat requires no great ability. Little usefulness is enough. A spouse who can perform an errand neatly, without attempting to use his/her own judgment over it, is enough. Unfortunately, both overlooked this simple mantra of matrimony and probably nobody told them so.”

Fast paced lifestyle, complexities of living, a breakdown of support systems and the challenges of economic instability have obviously taken a toll on the two, the bench said.

Read the Judgment here.

This article has been made possible because of financial support from Independent and Public-Spirited Media Foundation.

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