Personality clashes ‘don’t justify divorce’

Divorce|October 17th 2017

Personality clashes are not sufficient grounds for divorce, the High Court of Mumbai has ruled.

Justices the were considering the earlier verdict of a family court in the city of Pune, 92 miles south-east of Mumbai. A local man had filed for divorce, claiming that his wife had been cruel to him and forced him to live separately from both from her and his own parents. But the court found his evidence unconvincing and dismissed the application.

The frustrated husband the took his case to the Mumbai High Court, but in vain. He had exaggerated his claims, the Justices concluded, and really only to divorce his wife due to personality differences.

He had made his first application for divorce just 15 days after the birth of his first child, they noted, and this had made no mention of the harassment or other later claims.

The Justices explained:

“The legal notice [divorce application] demonstrates that there were certain temperamental differences between the husband and the wife. In our view, this could qualify as irritation and general wear and tear in married life. The differences of opinion between the wife and the parents of the husband can occur because she is a new person in the family.”

The husband could not show that the wife’s behaviour had been so poor he could not reasonably be expected to tolerate it, the Court continued.

“It appears that there were temperamental differences between the husband and the wife, but only this factor cannot entitle a husband for a decree of divorce.”

Photo of Chowpatti Beach, Mumbai by Jorge Láscar via Wikipedia under a Creative Commons licence

Author: Stowe Family Law

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