Top Indian court rules out divorce if wife is terminally ill

NEW DELHI (Web Desk) - In a remarkable decision on Thursday, India’s Supreme Court has ruled that divorce cannot be granted to a couple even under mutual consent if the wife is terminally ill.

The plea for separation can be considered only after the wife gets well, the top court of India ruled, Times of India reported.

A bench headed by MY Eqbal refused to allow divorce petition of a husband even after wife agreed to the proposal after the court came to know that she was suffering from advance stage of cancer and she required immediate medical care.

The bench said: "Hindu marriage is a sacred and holy union of husband and wife by virtue of which the wife is completely transplanted in the household of her husband and takes a new birth. It is a combination of bone to bone and flesh to flesh.

“To a Hindu wife her husband is her God and her life becomes one of the selfless service and profound dedication to her husband. She not only shares the life and love, but the joys and sorrows, the troubles and tribulation of her husband and becomes an integral part of her husband's life and activities.”

In this case, the wife had agreed for divorce after husband agreed to pay Rs1.25 million as alimony to her. Observing that the wife might have given consent for divorce as she needed money for her treatment, the court directed the husband to pay Rs0.5 million to her for treatment and the case would be heard only after she recovers from illness.

The court said marriage law enjoins the corresponding duty on the husband to look after her comforts and not only to provide her food and clothes but to protect her from all calamities and to take care of her health and safety.