NEW DELHI: The Kerala High Court has expressed its serious concern over increasing breakdown of marriages, saying that the jump in instances of divorce, effected by extra-marital affairs, may be the result of a rise in consumer culture of 'use and throw'.
"Now-a-days, the younger generation think that marriage is an evil that could be avoided to enjoy free life without any liabilities or obligations. They would expand the word WIFE as Worry Invited For Ever substituting the old concept of Wise Investment For Ever. The consumer culture of use and throw seems to have influenced our matrimonial relationships also," a division bench of Justices A Muhamed Mustaque and Sophy Thomas said.
The court passed its judgement on August 24, while discarding an appeal by a man against the order of a family court which dismissed his divorce petition against the wife.
It said that the casual and selfish manner in which the younger generation treats marital relationships is a worrisome thing as the destruction of once solemn marital ties would affect society as a whole.
It also pointed out that the marriage was once considered as the foundation of strong family units and in turn, a strong society.
However, now "Live-in-relationships are on the rise, just to say good-bye when they fell apart, it added.
Talking about Kerala, known as Gods own Country, and once famous for its well knit family bondage, the court said, "The present trend it seems to break the nuptial tie on flimsy or selfish reasons, or for extra-marital relationships, even unmindful of their children. The wails and screams coming out of disturbed and destroyed families are liable to shake the conscience of the society as a whole. When warring couples, deserted children and desperate divorcees occupy the majority of our population, no doubt it will adversely affect the tranquility of our social life, and our society will have a stunted growth".
Rejecting the husband's plea in the instant case, the court even said that parties to a marriage cannot walk away from each other by seeking the assistance of a court of law to obtain a divorce and then go on to legalise their extra-marital relationships.
"Courts cannot come to the aid of an erring person to legalise his activities, which are per se illegal. If the husband having unholy alliance with another woman wants to avoid his lawfully wedded wife and his three little children, he cannot seek the assistance of a court of law to get his present relationship legalised by dissolving his lawful marriage, without any valid reasons for the same."
The man here got married in 2009 and they had three girl children.
However, he claimed after the marriage, the wife developed some behavioural issues and kept picking quarrels with him for no reason, alleging an illicit relationship with another woman. She failed to perform her marital duties and was physically and mentally abusive towards him.
The wife, on the contrary, contended the man was concocting reasons to leave her and the children and pursue the extra-marital affair, started in 2017.
Dismissing the husband's petition, the court said that the wife's reaction to the affair was normal human conduct and would not establish a case of behavioural abnormality or cruelty.
The court further said that mere quarrels, ordinary wear and tear of matrimonial relationships or casual outbursts of emotional feelings cannot be treated as cruelty warranting a divorce.
