"Quarrel" Involves Both Parties, Cannot Be A Reason To Grant Divorce On Grounds Of Cruelty: Calcutta High Court
Live LawThe Calcutta High Court has held that a "quarrel" between husband and wife would be attributed to both parties and that it would be a part of the normal "wear and tear" of marital life, and could not be grounds to allow divorce on the ground of cruelty. A division bench of Justice Sabyasachi Bhattacharya and Uday Kumar held: "The term “quarrel”, by its very definition, involves two parties. Thus, the only so-called corroborative evidence of the plaint case is no evidence of cruelty at all but might at best indicate towards the natural wear and tear of married life." The appellant-husband submitted that due to the cruel activities of the respondent-wife towards the appellant, his widow mother and grandmother, the appellant got frightened and informed the local club and other well-wishers, after which the respondent gave an undertaking in writing that she would be restrained from doing such “inhuman and cruel activities."