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True Colors of a Vile Wife

Beena MS Vs Shino G Babu on 04 Feb 2022

Posted on February 28, 2022 by ShadesOfKnife

A Division bench of Kerala High Court held the following in a Divorce Matter, wherein one party is withholding the consent in a irretrievably broken-down marriage.

From Para 5,

5. The husband attributes this conduct as a behavioural disorder. The wife denies the same. We are not able to discern ourselves to classify this as
behavioural disorder or not. There are various types of personality disorders. In the absence of any medical evidence before us, we may not be able to classify this behaviour as a personality disorder. But, we are sure unstable emotions and relationships existed between the parties as revealed from Exts.A2 to A4 e-mail chatting reports and Ext.A5 whatsapp message. If one of the spouses is unable to adjust to such behaviour, that party cannot be found fault with. The obsessive nature of the character possessed by the wife would have led to a deteriorating relationship between the parties from the initial phase of life itself. Chasing happiness based on schedules instead of living in the moment, appears to be the vowed daily life routine adopted by her. She was not realistic to the fact that the secret of marital harmony lies in accepting the life as it unfolds and not becoming a stickler of the schedules or routines. Compulsive obsessiveness is also considered as a disorder. Though we are not sure about attributing the appellant as a person who suffers from such disorder, on going though the evidence, we are certain such attitude and behaviour was unbearable to the husband. If the conduct and character of one party causes misery and agony to the other spouse, the element of cruelty to the spouse would surface, justifying grant of divorce. If the parties cannot mend their ways, the law cannot remain oblivious to those who suffer in that relationship. In any matrimonial relationship, spouses may have a different outlook on the marriage based on faith, perceptions, outlook, attitudes, social ethos, etc. Fearing divorce is repugnant to his or her notion, one would refrain from the divorce based on mutual consent. The court cannot leave the life of a spouse to the mercy of the opposite spouse. Human problem requires resolution consistent with the notion of justice. The husband wants to get out of the misery and agony of the relationship; though, what was portrayed before the court is the fault of the wife, the husband also failed in building the relationship. We made an attempt for conciliation. The said attempt failed. There is no scope for reviving the dead marriage. The Apex Court in Naveen Kohli v. Neelu Kohli [(2006) 4 SCC 558], opined that if the parties cannot live together on account of obvious differences, one of the parties is adamant and callous in attitude for having divorce on mutual consent, such attitude can be treated as the cause of mental cruelty to other spouses.

From Para 6,

6. The law on divorce recognises both fault and consent as a cause for separation. When both the parties are unable to lead a meaningful matrimonial life due to inherent differences of opinion and one party is willing for separation and the other party is withholding consent for mutual separation, that itself would cause mental agony and cruelty to the spouse who demands separation. The purpose of marriage is to hold matrimonial ties lifelong, respecting mutual obligations and rights. The companionship of spouses creates oneness of the mind to walk together. It is through mutual respect and courtship, the companionship is built and fortified. The modern jurisprudence of irretrievable break down to allow divorce is premised on the fact that the spouses can never remain together on account of their differences. If the court is able to form an opinion that due to incompatibility, the marriage failed and one of the spouses was withholding consent for mutual separation, the court can very well treat that conduct itself as cruelty. If one of the spouses is refusing to accord divorce on mutual consent after having convinced of the fact that the marriage failed, it is nothing but cruelty to spite the other spouse. No one can force another to continue in a legal tie and relationship if the relationship deteriorated beyond repair. The portrayal of such conduct through manifest behaviour of the spouse in a manner understood by a prudent as ‘cruelty’ is the language of the lawyer for a cause before the court. This case is also not different. The behavioural disorder pointed out against the appellant in the petition for divorce was essentially reflection of incompatibility that existed between the parties. The husband wants to get out of the struggled relationship, on the projected cause of cruelty with reference to the incidents of misbehaviour. Incompatibility is a factor that can be reckoned while considering the ground for cruelty, if one of the spouses withholds the consent of mutual separation, though incompatibility is not recognised as ground for divorce.

Beena MS Vs Shino G Babu on 04 Feb 2022

Shades of Knife


Disclaimer:

Curated, Reproduced from main.sci.gov.in, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in or any other Government websites such as Gazettes and repositories of Government Orders and Commented in accordance with Section 52(1)(q) of the Copyright Act 1957 (India) and any other applicable public disclosure laws/provisions in India and in various other countries.

I neither have control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in entire form, nor I can remove references/links to this document(s) from the results of Search Engines such as Google.com.

Read more gyan here.

Though, I can remove content from my site, on request for any parties to a case, even though, I am not legally obligated to do so, except for express bar from a Competent Court.

Om Shanthi !!!


Oh, by the way, my competent Legal team delivers time-bound legal reliefs to victims of false family and matrimonial cases at

AnaghaLegalReliefs.in !!! (work-in-progress)

We are on social media too.
Just google for: Anagha Legal Reliefs

Posted in High Court of Kerala Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Beena MS Vs Shino G Babu Divorce granted on Cruelty ground Divorce Granted to Husband Irretrievable Breakdown of Marriage Mutual Consent Divorce Naveen Kohli Vs Neelu Kohli Samar Ghosh vs Jaya Ghosh Work-In-Progress Article | 6 Comments

6 thoughts on “<span>Beena MS Vs Shino G Babu on 04 Feb 2022</span>”

  1. Jane S Peale

    10/27/22
    5:14 pm
    October 27, 2022
    5:14 pm

    Reply

    Jane S Peale says:

    Hi,

    Please remove the pdf and content in your website https://www.shadesofknife.in/beena-ms-vs-shino-g-babu-on-04-feb-2022/
    This is a pure violation of one’s privacy and hence request you to take this off so the parties can move on with their lives.

    Regards,
    Jane

    • ShadesOfKnife

      10/27/22
      6:37 pm
      October 27, 2022
      6:37 pm

      Reply

      ShadesOfKnife says:

      Hi Jane,

      I am NOT legally obligated to remove a Court judgment as it is a public document, unless a Court directs otherwise.

      By the way, did you tell Kerala High Court that their judgment is ‘pure violation of one’s privacy’?
      If yes, why is the High Court still holding this judgment on their website?
      If no, I suggest you do it and let me know, so that I can follow the lead of Kerala High Court.

  2. Divya

    11/11/22
    4:28 pm
    November 11, 2022
    4:28 pm

    Reply

    Divya says:

    I share same feeling as Jane. I found my relative court case details, address everything on this site.Some websites remove on requesting.The cases are not found easily on HC or SC website. May be lawyers have access to content. Only these websites show up on Google. trying to fill their stomachs causing pain to others is really sad

    • ShadesOfKnife

      11/21/22
      9:13 am
      November 21, 2022
      9:13 am

      Reply

      ShadesOfKnife says:

      Thanks for coming onto my site to ‘share your feeling’. As is evident from the disclaimer at the end of each page on my website, what I am doing is NOT illegal and fyi, I did remove names and addresses of parties in a couple of earlier instances, on persistent requests and subsequent shallow legal threats (just talk, they never go to Courts seeking privacy concerns). As an advocate, I very well know the weight these threats carry.

      FYI, eCourts project is trying to make as many judgments accessible to general public (not just lawyers!) as possible. Go here. judgments.ecourts.gov.in/
      I hope you will also brace up and face reality.

  3. Vincent

    1/6/23
    10:08 pm
    January 6, 2023
    10:08 pm

    Reply

    Vincent says:

    https://www.livelaw.in/top-stories/right-to-be-forgotten-kerala-high-court-allows-litigants-to-seek-deletion-of-personal-identities-in-family-cases-in-camera-trials-217302?infinitescroll=1

    • ShadesOfKnife

      1/6/23
      10:27 pm
      January 6, 2023
      10:27 pm

      Reply

      ShadesOfKnife says:

      Thanks. Now Kerala people can approach the Hon’ble Kerala High Court and get their personal details deleted, instead of approaching hundreds of individual websites which post the public documents, that is the judgments.

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