The Rajasthan High Court has ruled in a divorce case that asking a reluctant spouse to compromise and live with the other would make their life a "miserable hell."
The ruling was made in a case of divorce granted by a Family Court in her husband’s favour. Further, the assertion of a spouse to live with the other may imply the said spouse has resolved to live in agony only to make each other’s life a "miserable hell". The couple had married in 1994 and within 2 years, marital discord separated them. They had a compromise in 2000 and were blessed with a son in 2001, but again separated a year later and remained so for 15 years. When the husband had approached the Family Court for divorce in 1995, he along with his relatives, was falsely implicated on dowry grounds, resulting in their arrest and harassment.
“The two have lived separately for more than 15 years during 18 years of marriage but even this long separation has not resulted in any rethinking on the part of either. The essence of marriage is a sharing of life, both happiness and miseries. Since this is missing in the present case it is a fit case for divorce. “