Guidelines for granting Divorce Decree
From the material and evidence on record, there appears to be no doubt that there has been quarrel between the appellant and the respondent during short span of matrimonial life on trivial issues and either side may be at fault but does not seem to create a ground under Section 13(i)(ib) of the Act to decree the suit for divorce on the ground of cruelty.
57. A decree of divorce under the statutory provision should not be granted merely on the ground of wrongful conduct of spouse or minor incident or incident of violence having taken place at the whisper of moment or either side does not want to live with each other for any reason whatsoever. Irretrievable breakdown of marriage cannot be a ground to decree a divorce suit unless specifically pleaded showing the instances enumerating the grounds making out a case beyond the reasonable doubt. Continuing of minor incidents or quarrel during matrimonial life in today's atmosphere when everyone is facing complex problem in day to day life from office to house or in the street shall not constitute cruelty for statutory divorce. Only a violence which is deliberate, planned and intentional to harm the other side for some extraneous reasons or may be because of some illicit relationship may constitute cruelty and warrant divorce.
57. A decree of divorce under the statutory provision should not be granted merely on the ground of wrongful conduct of spouse or minor incident or incident of violence having taken place at the whisper of moment or either side does not want to live with each other for any reason whatsoever. Irretrievable breakdown of marriage cannot be a ground to decree a divorce suit unless specifically pleaded showing the instances enumerating the grounds making out a case beyond the reasonable doubt. Continuing of minor incidents or quarrel during matrimonial life in today's atmosphere when everyone is facing complex problem in day to day life from office to house or in the street shall not constitute cruelty for statutory divorce. Only a violence which is deliberate, planned and intentional to harm the other side for some extraneous reasons or may be because of some illicit relationship may constitute cruelty and warrant divorce.
