When a relationship goes sour; it leads to a lot of complications and emotional drama from both parties. Sometimes the situation escalates to a level where they put each other through senseless mental torture which aggravates the worsening situation. A marital relationship is built around Tolerance, Adjustments, respect and trust between the married couple.
However, in situations where it is clear that the marriage has broken down and the parties have been subjecting each other to cruelty, mental torture, domestic violence or any other inhumane act coupled with the fact that both parties have been misleading the court of law by raising false allegations against each other. In such instances, it has been recorded that the court will pass orders to dissolve the marriage even if the couple wishes to move forward with the marriage.
The court assess the evidence in hand which have been provided by both parties, and if they come to the conclusion that the couple have zero substantial proof or evidence to support their claims, it would simply lead to passing of orders for dissolution or marriage. The courts pass such orders relying on the concept of Cruelty which has been inflicted on each other by both parties which leads to irretrievable breakdown of marriage.
Further, the courts have stated that:
“Where there is evidence that the husband and wife indulged in mutual bickering leading to remonstration and therefrom to the stage where they target each other mentally, insistence by one to retain the matrimonial bond would be a relevant factor to decide on the issue of cruelty, for the reason the obvious intention of said spouse would be to continue with the marriage not to enjoy the bliss thereof but to torment and traumatized each other.”
References:
Sandhya Kumari vs. Manish Kumar
Navin Kohli V Neelu Kohli (2006) 4 SCC 558