While looking into a divorce petition filed by a man who has been separated from his wife since 2018, the Kerala High Court observed that the state was once famous for its well-knit family ties.
“But the present trend seems to break the nuptial tie on flimsy or selfish reasons, or for extra-marital relationships, even unmindful of their children. The wails and screams coming out of disturbed and destroyed families are liable to shake the conscience of the society as a whole. When warring couples, deserted children and desperate divorcees occupy the majority of our population, no doubt it will adversely affect the tranquillity of our social life, and our society will have a stunted growth,” the division bench of Justices Muhamed Mustaque and Sophy Thomas observed.
They went on to point out that these days, the younger generation think that marriage is an evil that could be avoided to enjoy life without any liabilities or obligations.
“They would expand the word ‘wife’ as ‘worry invited forever’ substituting the old concept of ‘wise investment forever’. The consumer culture of ‘use and throw’ seems to have influenced our matrimonial relationships also,” added the judges.
Another remark that came was that live-in-relationships are on the rise.
“The law and religion consider marriage as an institution by itself and parties to the marriage are not permitted to walk away from that relationship unilaterally, unless and until they satisfy the legal requirements to dissolve their marriage through a court of law or in accordance with the personal law which govern them. Mere quarrels, ordinary wear and tear of matrimonial relationships or casual outburst of some emotional feelings cannot be treated as cruelties warranting a divorce,” the Justices further said.
Dismissing the petition, the division bench pointed out that from the facts of the case on hand, it is obvious that the “unholy alliance” of the husband with some other lady has caused some disturbances in the family life of the appellant and respondent, which they were sailing smoothly with their three girl children.
The couple came to know one another while they were working in Delhi in 2006. They tied the knot in 2009.
Till 2017, their relationship was fine, after which things started going haywire and the husband first approached the Family Court in Alappuzha seeking divorce.
When the Alappuzha court dismissed his petition, he moved the High Court.