- The Rajasthan High Court refused to dissolve a 58-year-old marriage between an elderly couple
- Minor arguments and disagreements were not considered cruelty by the court
- The couple lived together without complaints for 46 years before divorce petition in 2014
The Rajasthan High Court refused to dissolve a 58-year-old marriage between an elderly couple, saying that minor arguments and disagreements cannot be treated as cruelty.
A division bench of Justice Sudesh Bansal and Justice Anil Kumar Upman, while dismissing the husband's appeal against a Bharatpur family court order rejecting the husband's divorce petition, said minor ups and downs are inevitable in marital life. Granting a divorce would hurt not only the wife but the entire family and jeopardise their reputation, the court held.
The couple got married on June 29, 1967, and until 2013, they had lived together for 46 years without any complaints. In his divorce petition dated May 26, 2014, the husband claimed that his wife filed a dowry harassment FIR in 2014, which the police deemed to be fabricated, causing him humiliation.
He claimed his wife wants to transfer an immovable property to their eldest son's name, while he wants to divide it equally between their two sons. He also accused her of neglecting him and making allegations of illicit relationships.
The wife stated that her husband is wasting and dividing the family property, and had filed for divorce under the influence of his younger brother. She alleged that her husband had illicit relationships and had invited another woman into his room, leading to conflict and her filing an FIR. She also claimed that the property in question was purchased by her personally.
The court stated that having spent many decades as a married couple, their mental tolerance and understanding must have increased. It also acknowledged that property disputes can lead to family issues, but they are not sufficient grounds to grant divorce.
