My wife does not like to live with me can we get divorce on the ground of cruelty or any other ground? Our marriage was solemnised in 2021. My wife is an educated lady and does not want to live with me. She said that if I live in Delhi then I can earn much well than me. On this issue we are not like each other. I heard that the court may grant divorce on the ground of irretrievable breakdown of marriage. Sir, please advise how to proceed further?
Asked from: Rajasthan
As per the facts of your case, there is no ground to file a divorce case. There is no incident of cruelty on the part of your wife. In Samar Ghosh v. Jaya Ghosh, (2007) 4 SCC 511 the supreme court has held that mere coldness or lack of affection cannot amount to cruelty.
There is also no mental cruelty between you both. In V. Bhagat v. D. Bhagat, (1994) 1 SCC 337 the principle of mental cruelty is also settled by the supreme court. According to it, Mental cruelty in Section 13(1)(i-a) can broadly be defined as that conduct which inflicts upon the other party such mental pain and suffering as would make it not possible for that party to live with the other.
In other words, mental cruelty must be of such a nature that the parties cannot reasonably be expected to live together. The situation must be such that the wronged party cannot reasonably be asked to put up with such conduct and continue to live with the other party.
In Vishnu Dutt Sharma v. Manju Sharma, (2009) 6 SCC 379 and Darshan Gupta v. Radhika Gupta, (2013) 9 SCC 1 wherein the Apex Court has held that irretrievable break down of marriage is not a ground for divorce under the Hindu Marriage Act.
In the facts and circumstances of your case, you cannot move any proceeding for the divorce. Hence, you should try to reconcile your matter and live together peacefully.
Related
