TOBACCO CAN NOT BE THE REASON FOR DIVORCE

In this one, we have come to a point where divorces are more common than marriages. But what is not so common is the reasons to claim divorce. They can be as unique as you can think.

In India, there are different legal categories on which divorce can be granted by Judiciary. One reoccurring basis on which divorces are granted easily by the Indian Judiciary is Cruelty.

Cruelty in law can be defined as – “The deliberate & malicious infliction of pain, be it mental or physical & danger including the threat to the life of a person is known as Cruelty”.

In Article 13(A) of the Hindu Marriage Act, Cruelty is also one of the many grounds through which a man or a woman can seek divorce from their partners.

Once upon a time, a man filed a petition under Article 13(A) of the Hindu Marriage Act of 1955,  to claim divorce against her wife in Mumbai High Court. The reason behind it is as astonishing as it can be. He appealed for divorce because his wife was addicted to tobacco & in spite of him being super persuasive to her for quitting tobacco, she refused. Hence he filed a divorce case. Along with this, he also told the judges that because of constant tobacco consumption his wife has developed cysts in her stomach & he is not able to pay for the treatment either.

To this, the wife alleged that man of physical & mental abuse. She also revealed of his husband was HIV positive.

Nagpur bench of Bombay High Court then came to a woman’s rescue by considering these reasons insufficient to approve the man’s appeal for divorce & declined it.

Upholding the verdict of Nagpur bench’s judgment, Justice Atul & Pushpa pointed out that all the allegations and reasons to claim divorce are insufficient & omnibus in nature. “It was the actual reason that the wife had a habit of constantly chewing tobacco & he was not able to pay the medical bills for her treatments causing severe mental pressure on to the man.” But he failed to present the medical reports & other necessary evidence to validate his claim. Therefore the Nagpur bench ruled that all these pleadings are not so grave & severe to dissolve the marriage. These are some general wear & tear in a marriage.

They also quoted that, a marriage should be accessed as a whole & some isolated instances shall not overshadow the lifelong companionship. Also, if they dissolve the marriage both their children will suffer immense pain & trauma. Therefore in the best interest of everyone, the Mumbai High Court decided to let the marital tie remain intact.

Before dismissing the case, judges said that the ill deeds shall precede for a longer duration of time to the extent that one cannot live their partner due to his/her misbehaviors. Some petty quarrels & irritations cannot be the basis of dismissing the marriage.

Conclusion

When you are married to someone, you need to take care of the sentiments of your partner. If not, quarrels & disputes are bound to take birth. Dismissing a bond like marriage on such petty issues is not advisable. Hence, take care of yourself while taking care of each other.