Home · Health · Sep 7 archive
High Court Upholds Family Court Decision on Cruelty Claim in Andhra Pradesh
Developing
In Short: The Andhra Pradesh High Court has ruled that refusing to follow traditional customs does not constitute cruelty, dismissing a man's plea for divorce.
The Andhra Pradesh High Court has ruled that refusing to adhere to traditional or orthodox customs does not legally amount to cruelty, upholding a family court’s decision to reject a man's plea for divorce on grounds of cruelty and desertion, according to reports from The Indian Express.
The court noted that the couple had been living separately since 2000 and were now 76 and 66 years old. The husband had claimed that the wife failed to follow his family’s orthodox customs and traditions, and did not properly look after his aged mother, but the wife denied these allegations, stating that she belonged to an orthodox family and that her in-laws were responsible for the disputes.
The high court observed that legal cruelty involves conduct so severe that the other spouse cannot reasonably be expected to continue in the marriage, and found that the record did not reveal any such humiliation or continuous insults. The court upheld the family court’s decision and dismissed the appeal.
The husband had initially approached the family court in 2006, which denied his plea for divorce. He then challenged the order before the high court, relying on the Supreme Court’s ruling that a few isolated instances over several years would not amount to cruelty.
What's confirmed
What's still developing
- “Generally, a wife choosing not to follow traditional or orthodox customs does not legally constitute cruelty. Personal freedom, individual choice, and differing personal beliefs regarding religious or cultural rituals are normal. They do not cross the legal threshold of mental or physical cruelty required to dissolve a marriage,” the order read.
Sources
- The Indian Expresslink