News Desk, AnyTV, New Delhi
Published by: Amit Mandal
Updated Fri, 04 Mar 2022 10:05 PM IST
Summary
The Kerala High Court has passed the order on a petition by a wife challenging a family court’s order granting divorce on the ground of cruelty under the Divorce Act of 1869.
Can non-recognition of illness and refusal of treatment by husband or wife be called cruelty? And can it become grounds for divorce? The Supreme Court agreed to hear the matter on Friday. Issuing notices, a bench of Justices Vineet Saran and Aniruddha Bose stayed the order of the Kerala High Court on September 3, 2021, which had granted divorce to a couple. Issuing the notice, the bench has sought a reply in six weeks, till then the order will be stayed.
Husband says that wife is denying her illness
The Kerala High Court has passed the order on a petition by a wife challenging a family court’s order granting divorce on the ground of cruelty under the Divorce Act of 1869. The husband has alleged that his wife is suffering from ‘Paranoid Schizophrenia’, but the wife refuses to accept it and is not ready to undergo treatment. The wife has protested saying that she is absolutely fine and takes care of two children and has great relations with her neighbours. Advocate Vipin Nair, appearing for the wife challenging the High Court order, said that the law is that the illness of the husband or the wife cannot be a reason to divorce, even if it results in abnormal behavior which leads to normal marital life. is not expected.
He said that in this case the wife categorically denies to be suffering from any such mental disorder, it is cruelty and mental torture committed by the husband. It has been said in the petition that the grant of divorce on the ground that the petitioner (wife) is not suffering from any mental disorder is arbitrary and unreasonable in such circumstances.
The petition said that the wife is a qualified nurse and her educational background and work experience would explain that she has never suffered from any mental disorder. Even she has not shown any such symptom, it is just an allegation made by her husband.
Expansion
Can non-recognition of illness and refusal of treatment by husband or wife be called cruelty? And can it become grounds for divorce? The Supreme Court agreed to hear the matter on Friday. Issuing notices, a bench of Justices Vineet Saran and Aniruddha Bose stayed the order of the Kerala High Court on September 3, 2021, which had granted divorce to a couple. Issuing the notice, the bench has sought a reply in six weeks, till then the order will be stayed.
Husband says that wife is denying her illness
The Kerala High Court has passed the order on a petition by a wife challenging a family court’s order granting divorce on the ground of cruelty under the Divorce Act of 1869. The husband has alleged that his wife is suffering from ‘Paranoid Schizophrenia’, but the wife refuses to accept it and is not ready to undergo treatment. The wife has protested saying that she is absolutely fine and takes care of two children and has great relations with her neighbours. Advocate Vipin Nair, appearing for the wife challenging the High Court order, said that the law is that the illness of the husband or the wife cannot be a reason to divorce, even if it results in abnormal behavior which leads to normal marital life. is not expected.
He said that in this case the wife categorically denies to be suffering from any such mental disorder, it is cruelty and mental torture committed by the husband. It has been said in the petition that the grant of divorce on the ground that the petitioner (wife) is not suffering from any mental disorder is arbitrary and unreasonable in such circumstances.
The petition said that the wife is a qualified nurse and her educational background and work experience would explain that she has never suffered from any mental disorder. Even she has not shown any such symptom, it is just an allegation made by her husband.