West indian culture

Divorce on ‘weak grounds’ is now a trend, the consumer culture of workplace use: HC

Observing that the ‘current trend’ is to break up marriages for ‘weak reasons’ and for ‘selfish reasons’, or for extramarital affairs, ‘even without regard to their children’, a High Court divisive bench from Kerala has observed that people, especially those in the younger generation, now view marriage as an evil that can be avoided to enjoy a life without any liabilities or obligations.

“Live relationships are on the rise, just to say goodbye when they (partners) fall apart,” said bench A judges Muhamed Mustaque and Sophy Thomas.

The court made the comments on August 24, while rejecting an appeal by a man challenging the decision of an Alappuzha Family Court that he was not entitled to a divorce due to marital cruelties, allegedly inflicted by his wife.

Referring to the case, the HC said that if a man who has an “unholy alliance” with another woman wants to avoid his legally married wife and three children, “he cannot seek the assistance of a court to get his current relationship.” legalized by dissolving his legal marriage without just cause”.

The court said in the order: “The moans and cries coming from disturbed and destroyed families are likely to shake the conscience of society as a whole. When warring couples, abandoned children and desperate divorcees occupy the majority of our population, it will undoubtedly affect the tranquility of our social life. Our society will be stunted.”

The court said the younger generation is now expanding the word ‘WIFE’ to ‘Worry Invited For Ever’ as opposed to the earlier concept of ‘Wise Investment For Ever’. The “consumer culture of use and toss seems to have influenced our marital relationships as well,” he noted.

No divorce can be granted under the law without establishing cruelty to some degree, the court said.

The mother and relatives of the husband had testified in court that the appellant, who had married in 2009, had developed an extramarital affair in 2017 and subsequently sought to avoid his wife, children and mother.

The man had filed for divorce stating that his wife would argue with him citing his illicit relationship with another woman.

The court said that the appellant’s extramarital affair had caused disturbances in family life. To the man’s allegation that his wife was behaving “abnormally”, the court said: “The normal human reactions or responses of a woman, knowing that her husband was having illicit relations with another woman, do not may be characterized as abnormal behavior or cruelty on the part of the wife, in order to dissolve their marriage.”

The bench noted in the order: “Law and religion regard marriage as an institution in itself, and the parties to marriage are not permitted to unilaterally withdraw from this relationship unless and until they meet the legal requirements to dissolve their marriage in court. of right, or in accordance with the personal law which governs them. Simple quarrels, the ordinary wear and tear of marital relations or the occasional outburst of certain emotional feelings cannot be treated as cruelties justifying a divorce. ”


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