During a recent divorce hearing, the Delhi High Court addressed the stigma associated with divorce in an educated couple. The court accepted the wife’s plea for divorce on grounds of mental cruelty, rejecting the husband’s argument that divorce would bring shame to him and his family. The bench, consisting of Justice Amit Bansal and Justice Rajiv Shakdhar, emphasized that divorce should be viewed as a solution to avoid ongoing mental distress.
Court Rejects Stigma Argument
The court found it difficult to accept the husband’s claim that divorce would cause humiliation or stigma, given both parties’ educational backgrounds. The bench argued that no substantial stigma could be attached to either party or their families. They noted that enduring mental agony and trauma from an unhappy marriage was more detrimental than ending the relationship. The court highlighted that despite attempts at mediation, the marriage had not been reconciled.
Divorce Granted Despite Initial Agreement
Initially, the husband had agreed to a divorce by mutual consent, as the couple had been living separately for twelve years. However, he later retracted his agreement, citing concerns about the disgrace divorce might bring to him and his family. The court’s decision to grant the divorce reflects its stance on prioritizing mental well-being over societal perceptions of stigma.
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