Rise in Consumer Culture, and the Rise of Live-in Relationships, More Divorces are Resulting from Extra-Marital Affairs - Kerala HC.

Case: Libin Varghese v. Rajani Anna Mathew

Bench: A Division Bench of Justices A Muhamed Mustaque and Sophy Thomas 

The Kerala High Court, while declining a decree of divorce, complained about the casual manner in which the younger generation treats marital relationships. They further opined that as a result of a rise in consumer culture, and the rise of live-in relationships, more divorces are resulting from extra-marital affairs. 

The bench recalled the judgment passed by Justice Thomas, wherein it was said that marriage used to be regarded as solemn and was the basis of strong families and societies. Pertinently, the bench held that parties cannot walk away from each other by seeking the assistance of a court by a decree of divorce and then go on to legalize their extra-marital relationships.

FACTS

The bench was hearing an appeal by a man/husband against the order passed by a family court. The family court dismissed his divorce petition under the Divorce Act, 1869. In 2009, the appellant married the respondent and had three girl children together. But later, his wife allegedly developed behavioral issues and kept quarreling with him, alleging an illicit relationship with another woman. She was further alleged to fail to perform her marital duties and was physically and mentally abusive towards the appellant.

The respondent denied these claims and said that the appellant was originating reasons so that he could leave her and their children and pursue the extra-marital affair that had begun sometime around 2017. In her claim, the husband's own mother and close relatives knew of the extramarital affair. 

From the testimonies of some witnesses, the bench found the wife's claim to be valid. The court also noted that the husband had no hesitation to question the innocence of his own aged mother, who was supporting the respondent. The court also stated that the wife's reaction to the affair was normal human behavior and could not be construed as cruelty.

HELD

In light of the wife's willingness to reunite with the husband and the fact that no act of cruelty was alleged by the appellant that would cause him to think that continuing in the marriage would be harmful to him, the Court determined that the appellant was not entitled to a divorce decree due to matrimonial cruelty.