Originally posted by: SakZ
So it is cleared as he went to court.
Accepting a divorce and let him go is not “giving up”. It is called “acceptance”.
Her biggest crimes are to refuse parent visits, emotional manipulation, not revealing the whole truth and making her child’s life miserable. She shouldn’t have done that even if her husband left her for any reason.
since you are so interested in court decision :
KOCHI: A spouse refusing to grant divorce on mutual consent in a failed marriage can be considered as cruelty, the Kerala high court has held. One cannot force another to continue in a failed marriage, the court said.
In the judgment, the court said, “If one of the spouses is refusing to accord divorce on mutual consent after having convinced of the fact that the marriage failed, it is nothing but cruelty to spite the other spouse. No one can force another to continue in a legal tie and relationship if the relationship deteriorated beyond repair.”
@red, Acceptance definition can have different meaning for different people. Since they are not divorced how acceptance comes into picture. In Biwi no. 1 movie also, husband start living with sushmita, but wife wanted his husband back. At the end, he comes to his wife. Teji may have thought the same.
@bold, Court Judge wordings are not laws, but can be used as a reference by the lower court in similar cases.
Courts statement is very specific to this case. Read the full case. Husband and wife are not emotionally attached as they are living separately due to their jobs. They are having trouble from the starting. Family court already granted divorce to husband after failed reconciliation process as both are not ready to mend their ways. Wife challenged divorced in a higher court and then the Judge said that their marriage are failed already.
Here when Viraj filed divorce petition. They may have trouble in their marriage but still Viraj didn't think of divorce. Only when he met with Seema and wanted to stay with her, he filed divorce. Why didn't he filed divorce early if he has so problem with marriage. Of course until and unless he find some other girl, he doesn't want divorce.
Divorce proceeding start only after 1 year of separation if it is more than 5 year of marriage. Here Viraj filed divorce and started living with Seema that is Adultery by definition. Since Adultery is not a crime, can't blame Viraj also. Viraj didn't give time for reconciliation. Not even Seema think of it. Why would Teji do it. Viraj and Seema didn't think of Teji, why Teji will think of them.