Jaipur: The Rajasthan High Court has made important observations while refusing to dissolve the 58-year-old marriage of a couple aged over 75 years. The division bench of Justice Sudesh Bansal and Justice Anil Kumar Upman, while dismissing the husband's appeal, stated that minor disagreements, quarrels, and ups and downs in marital life cannot be considered grounds for cruelty to justify divorce.
Divorce Denied to Protect Dignity of Elderly Couple
The court clarified that granting divorce at this stage could affect the dignity and reputation of not only the wife but the entire family. The court upheld the order of the Family Court, Bharatpur, and dismissed the husband's appeal.
The court noted that the couple was married on June 29, 1967, and lived together without any complaints until 2013. The husband himself acknowledged this in the divorce petition filed in the Family Court, Bharatpur, on May 26, 2014.
“In our opinion, when a husband and wife have lived together for over 46 years without any complaints before filing the divorce petition, it can be concluded that their level of mental tolerance and understanding must have increased with the passage of time and their advancing age. What may be distressing for a spouse in the early stages of married life becomes easier in the later stages with increased tolerance and understanding,” observed the court.
Husband's Plea: Harassment Case Caused Humiliation
The husband's divorce petition and appeal stated that his wife filed a false dowry harassment case against him in 2014, which the police found baseless, but the case caused him humiliation and damaged his reputation.
He also alleged that his wife wanted to transfer all immovable property to their elder son, while he wanted equal distribution between their two sons. He accused his wife of neglecting him and making allegations of illicit relationships.
Wife Counters: Property Disputes and Illicit Allegations
Responding to her husband's divorce petition, the wife stated that her husband was wasting and dividing family property and 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 High Court held that property disputes and family differences cannot be considered sufficient grounds to dissolve the marriage of an elderly couple.
