MP High Court: Opposing Divorce Despite Irretrievable Breakdown — Deriving Satisfaction from Denial of Divorce Amounts to Cruelty
The Madhya Pradesh High Court has held that when a marriage has completely broken down and there is no realistic hope of reconciliation, a spouse’s refusal to grant a divorce can amount to matrimonial cruelty.
Key Observations
The Court noted that even though “irretrievable breakdown” is not a statutory ground for divorce under the Hindu Marriage Act, persistent refusal to dissolve such a marriage causes deep suffering.
According to the Bench, when one spouse derives “pleasure and happiness” from opposing the divorce — knowing that the marriage cannot be restored — that conduct “intentionally harasses” the other, and this itself is cruelty.
The Court added that long separation, bitterness, and absence of cohabitation between spouses may be read as cruelty under Section 13(1)(ia) of the Hindu Marriage Act.
Legal Significance
This ruling emphasizes that mental cruelty is not limited to overt abuse or violence — refusal to end a failed marriage can also be oppressive.
It may provide relief to individuals seeking divorce who are trapped in legally intact but emotionally dead marriages.
The judgment could influence how future divorce petitions are evaluated, particularly where traditional statutory grounds are inadequate to reflect the true breakdown of the relationship.
