| Popis: |
From time immemorial, marriage is considered one of the most important social institution in a man’s life; however, it wasn’t until the modern era that many cultures slowly started accepting the concept that marriage may not be some holy union but a social relationship between two humans that is subjected to the same risk of separation and dissolution like any other. With nations like India that still harbours the importance of family and marriage above everything else, divorce and legal separation had turned to be a very lengthy and rather problematic affair for many – especially in cases where one spouse wants the dissolution of marriage while the other does not. And Joydeep Majumdar vs. Bharti Jaiswal Majumdar is one such case. While the matrimonial laws in India are quite well placed, many grounds of divorce like cruelty are still left undefined in a way that the interpretation of its meaning lies entirely in the hands of the Court; resulting in cases like this one appearing where the husband is found to be facing mental cruelty in the hands of his wife and yet, his petition for divorce has been dismissed by the High Court before an appeal is made to the Supreme Court. This case comment will briefly discuss the facts of the case along with analysing the reasoning behind each Court this case has been filed in, before moving on to the current judgement dealt with the case. We will also discuss the meaning of cruelty while focusing on how the Apex Court has defined it in regarding to this case. |
