Court Cases & Orders

Could a Bad Meal Be Grounds for Divorce?

 

Could a Bad Meal Be Grounds for Divorce?

This is exactly what a 46-year-old man asked the Bombay High Court to consider. His argument was rejected.

The husband’s petition alleged:

• that his wife did not cook tasty food

• his wife would wake up late

• the wife failed to offer her husband “a glass of water”

• therefore the wife had failed to be “dutiful”

In finding that there was no cruelty, the Court noted that:

“One can’t lose sight of the fact that the respondent herself was a working woman who, in addition to her job, had the additional task of cooking each morning and evening, of buying vegetables, and groceries on her way home from work,”

Would this happen in Ontario?

To get a divorce in Ontario, you will have to show that your marriage has broken down. The law says marriage breakdown has occurred if:

• you and your spouse have lived separate and apart for one year with the idea that your marriage is over; or

• your spouse has committed adultery and you have not forgiven your spouse; or

• your spouse has been physically or mentally cruel to you, making it unbearable to continue living together. Cruelty may include acts of physical violence and those causing severe mental anguish.

Most divorces are granted on the basis that the parties have lived separate and apart for one year. Rarely are the grounds of cruelty the basis of the divorce and if these grounds are alleged it could take well over a year for the court to determine the matter. Certainly the allegations considered by the Bombay High Court would not constitute cruelty.

Stay in Touch

Keep learning about the latest issues in Ontario family law! Subscribe to our latest articles delivered to your inbox, or listen to our Podcast Family Law Now.

Be sure to find out more about the "new normal", by visiting our Covid-19 and Divorce Information Centre.

About the author

Russell Alexander

Russell Alexander is the founder of Russell Alexander Collaborative Family Lawyers and is the firm’s senior partner. At Russell Alexander, our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues, including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. We have locations in Toronto, Markham, Whitby (Brooklin), Lindsay, and Peterborough.

For more information, visit our website, or you can call us at: 905-655-6335.