Best to get divorced if both cause each other mental trauma: Delhi HC

In face of & quot mutual bickering& quot between couples where both cause each other mental torture, it is best to dissolve the marriage the Delhi high court has said. It granted divorce in one such case to the husband who was falsely accused by the wife of hitting her and causing abortion of her foetus. Allowing the plea of the husband to end the marriage, a bench of Justices Pradeep Nandrajog and Pratibha Rani pointed out that where & quot there is evidence that the husband and wife indulged in mutual bickering leading to remonstration... to the stage where they target each other mentally, insistence by one to retain the matrimonial bond would be a relevant factor to decide on the issue of cruelty, for the reason the obvious intention of said spouse would be to continue with the marriage not to enjoy the bliss thereof but to torment and traumatise each other.& quot The court found fault with both the husband and wife for exaggerating the incidence of abortion of the foetus, which medical reports showed was already dead and not linked to any alleged physical torture by the husband or his family. The HC also found that the husband lied in claiming mental cruelty due to her wife unilaterlly aborting the foetus, when the truth was that the couple knew she was carrying a dead foetus and abortion was inevitable. & quot Abortion was the compulsion of medical science. Both parties have tried to unnecessarily take advantage of the same,& quot the bench noted. The HC found enough evidence to conclude there was an & quot irretrievable breakdown of marriage& quot and also found merit in the husband's claim that falsely accusing him of causing death of the foetus amounts to mental cruelty. & quot Evidence establishes that both Sandhya and Manish gave a very serious twist to the unfortunate abortion which Sandhya had. It establishes that both have the propensity to twist facts so as to suit their convenience,& quot the bench noted, refusing to prolong the marriage.

OUR TAKE

The element of trust is the most important in a relationship. If the husband and wife do not trust each other and are at each other's throat all the time, what is the need for a partner? It is much better to live alone than to live in constant hope of finding happiness soon. It is a sad story that both the parties had to twist and turn an incident as unfortunate as their babies' to suit their own convenience and garner fuel for their own personal motives. But what the court decided was the best decision.