Madurai bench of Madras High Court: Mental cruelty is not a ground to exclude father as witness at daughter’s marriage.
A judgment by the supreme court’s bench headed by justice ashok bhushan says if an aggrieved spouse wants divorce on grounds like ‘mental torture’, then she should prove it beyond reasonable doubt whereas earlier such proof was required only “on balance”. This judgement is an acknowledgment by courts on how emotionally isolated spouses suffer from their families leading to loss of respect, health etc.
This is an appeal arising out of a suit for decree of divorce filed by the appellant against the respondent no. From what was said by him at trial, the defendant’s wife is alleged has married his daughter behind his back. He said it was embarrassing to his social standing as well since marrying off their daughter would be among the biggest challenges any father could face during her lifetime.
Agreeing to it, The supreme court has ruled as such an act is tantamount to causing great anguish which touches upon one’s marriage life seriously. Marriage isn’t just about being legally joined; it’s more of an emotionally based relationship which involves faithfulness, interaction as well as courtesy. Mental cruelty can be when a husband or wife intentionally keeps another person out of important family matters.
Cruelty under hindu marriage act does not mean only beating of wife. The courts are of opinion about this issue several times and they consider such acts like causing anguish, humiliation etc which makes difficult separation between husband-wife relations. In a number of judgements, the apex court had widened definition of cruel treatment by including continuous negligence; false charge sheeting; public humiliation & rejection from company.
This is consistent with how it has been interpreted over time by courts like The Madras High Court. Recognizing marital rape within one’s own home is considered abuse by courts; it also shows how much they value family honor & fatherhood involvement. Marriage of any kid has always been considered to be an issue related with entire families so blocking someone’s participation will ruin your social life & mental health badly.
The judgement can be criticized too. Some people might say that divorce cases can be complicated and that estranged spouses have their own reasons to stay apart. When there is a long-term separation, marital discord, or claims of abuse, one partner may not want the other involved in family matters for fear of upsetting emotions. So judges are warned to be careful about interpreting this kind of discrimination against women is always cruel until you look at all these other factors around it.
However, it upholds also an idea of love and commitment as well along with lawfulness. Madurai high court ruling shows how harmful it is to emotionally torture, humiliate one’s spouse by doing some misdeeds inside home as per marriage laws.
