The Kerala High court denied the husband’s request for the marriage to be dissolved in a matrimonial appeal on the allegations of alleged cruelty, abandonment as well as failure to fulfill marital obligations by the wife. The court denied it by ruling that a wife could not accept herself to put up with her husband’s cruel acts by sacrificing her both physical and mental well-being.
The appellant (husband) filed a case in the high court arguing the Family court’s decision of refusing him dissolution of marriage. It was denied after the respondent (wife) made accusations of marital cruelty involving physical as well as mental abuse.
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Accusations based on Incompability
Additionally, the court noted that the accusations made by the husband against his wife concerned incompabilities instead of cruelty that would call for the dissolution of the marriage. On the basis of the Apex court decisions, the court argued that mere inconvenience, irritation, as well as isolated incidents would not qualify as cruelty.
Regarding the current case, the accusations made by the appellant are primarily center on the respondent’s incapacity to maintain a friendly family life despite looking out for the needs of the appellant as well as his parents. It is not acceptable to classify the previously mentioned incompability attributed to a life partner as cruelty sufficient to justify the demise of the marriage.
Husband alleges wife of marital cruelty
Husband claimed that shortly after their 1994 marriage, the wife began to mistreat, act in an impolite manner as well as insult him. As per the allegations, the appellant was forced by his wife to shift into a rented home and leave his parents alone. In addition, the appellant also claimed that the wife had ignored her responsibilities and duties as a wife. He stated that she refused to cook, clean the house as well as handling other domestic chores. Furthermore, reported the wife to the police station for matrimonial cruelty. He also claimed that the wife mistreated their son. As a result, the appellant request for the breakdown of the marriage on the basis of cruelty, abandonment as well as failure to uphold marital duties.
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Dowry abuse & sadistic pleasure alleges on husband
However, the respondent-wife stated that she had endured intolerable violence in the form of mental as well as physical abuse. She claimed that she was harassed and also abused by the appellant and his parents, who asked a larger dowry. She faces the situation of sadistic pleasure. Furthermore, she claimed that the appellant kept awful company and also was a person with alcohol use disorder. She felt uncomfortable as well as ashamed, and she frequently went hungry as well as thirsty, and being denied access to her child. She added that as she respects marriage’s purity, she is against to dissolve.
The husband was unable to present evidence that her wife had mistreated him, thus the Family court declined to grant dissolution of marriage, according to the court. Apart from general accusations of impolite behavior, the court observed that not any specific problems of cruelty regarding his wife were brought forth. It indicated that the husband failed to offer any oral testimony or witnesses to back up his claims that the wife had behaved very rudely or cruelly. Aside from the general accusations of rude behavior, the court pointed out that no specific incidents of cruelty regarding the wife had been brought forth.
As a result, the court rejected the matrimonial appeal as well as maintained the Family Court’s decision against marriage divorce.
Sadistic pleasure
It is a psychological phenomenon in which person finds pleasure or satisfaction by making other person feel bad, uncomfortable as well as ashamed. This enjoyment is often derived from a feeling of domination, control or power against the victim. Sadistic behavior might encompass numerous forms, from harsh and violent physical deeds to dishonest as well as violent mental manipulation.
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A sadist is someone who finds pleasure or joy by causing harm or humiliation to others. They experience suffering in other people with greater intensity than usual. They also find pleasure in it, and, they do, at least, until it’s done, at which point they might feel awful.
Sadism is commonly commonly connected with murderers and torturers in popular mythology. However, ordinary sadism is fewer intense but more common events. Sadists like imposing pain on other person or witnessing their suffering on every single day. Although sadism has been described as a trait of personality disorder in the clinical literature, it can also occur as a dimensional as well as subclinical personality construct. It is said to be the only mental illness which includes taking pleasure in the pain of others.
Characteristics of sadistic pleasure:
- Absence of empathy: sadists frequently exhibit a shortage of empathy for the sadness they inflict on their victims. They even find joy in watching other person in pain.
- Pleasure in imparting pain: take great delight in giving mental as well as physical suffering on other person.
- Control & dominance: sadists usually try to exert dominance as well as control over the people they harm.
- Arousal or enthusiasm: behavior of sadistic can be accompanied by the sensations of arousal or excitement.
- Deception & manipulation
- Lack of remorse
- Violations of boundaries, etc.
Sources+
- www.livelaw.in
- www.theconversation.com
- www.britannica.com
- www.sciencedirect.com
