Husband can`t divorce wife if she is terminally ill, rules Supreme Court

New Delhi: In a judgement that will protect women in need of medical attention, the Supreme Court on Wednesday ruled that a husband cannot be allowed to separate from his wife if she is terminally ill.

According to the apex court ruling, the couple cannot be granted divorce even under mutual consent if woman partner is terminally ill.

The Supreme Court bench headed by MY Eqbal said the plea for divorce can be accepted only when the wife has recovered.

While passing the judgement, the court advised husbands to stand by their wives in their difficult times as in Hinduism, a wife considers her husband as God.

The court disallowed the divorce plea after it was informed that the wife was suffering from advance stage of cancer and needed immediate medical care.

The wife had, however, earlier given her consent for divorce after her husband agreed to pay Rs 12.5 lakh as alimony to her.

"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" the bench said, as per The Times of India.

"It is evident that the wife needs sufficient amount of money for the treatment of breast cancer. Hence, it cannot be ruled out that in order to save her life by getting money, she agreed for a settlement of dissolution of marriage, " it said.

The court also ordered the husband to provide Rs 5 lakh to his wife for her treatment and agreed to reconsider the divorce plea after she recovers from illness.