Mutual trust and love are the foundation of marriage. Once it is lost, the marriage will be a complete failure. It is in such a situation that the intervention of the law and the option of divorce are opened. It is not right that the divorce case drags on for years because one of the partners does not give consent even if the marriage is believed to be a total failure. The High Court itself has opined that this is cruelty. A division bench comprising Justice Mohammed Mushtaq and Justice Sophy Thomas said this while allowing the appeal filed by the husband, a native of Thrissur, against the dismissal of the divorce petition by the Iringalakuda Family Court.

The marriage of the said persons was in 2002. The problems started when her husband, who was working abroad, returned home and settled down. In the petition, the husband alleged that his wife was only interested in his money and that she had another relationship and wasted the money he had sent from abroad to build a house. In 2011, he approached the family court claiming that his wife was neglecting and indifferent towards him and requesting that he be allowed to end the marriage by paying Rs 10 lakh and ten cents of land as alimony. Even after a decade, the divorce was not granted. There is no justification for dragging the case for so long, even though one partner had expressed his disinterest. In granting divorce, the Division Bench held that in such cases the parties test the courts and the courts cannot be allowed to become battlegrounds of individual egos. The court also observed that in this case there is no reason to ensure the parties continue to live together. Courts must set a time limit for granting divorce cases. Even living apart, the parties try to torture and humiliate each other knowing that the case may drag on for years. At least in cases where alimony is payable, a speedy decision is better for both parties.

Courts order that the children be allowed time with father during divorce case, but there are frequent fights and arguments over non-compliance. A similar scene took place in Cherthala court premises recently. Constant strife and lack of mutual respect in marriage are factors that make reconciliation impossible. If this is understood, it is better that the courts grant divorce as soon as possible. Divorced people in the West see each other, talk to each other and stay together for children and so on. Divorced people in our country become bitter enemies later. This attitude also needs to change.