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India still has one of the lowest divorce rates in the world, but marriage breakdowns are becoming more common.
尽管从全球来看，印度的离婚率依然很低，但离婚这件事正变得越来越常态化。
Experts say most cases of divorce in India are filed on the grounds of abuse, or whats legally termed as "cruelty". But what amounts to abuse has long been open to debate, especially when determining whether psychological trauma has been afflicted on a person during marriage.
专家称，在印度，多数人提出离婚都是因为虐待，官方表达是“摧残”。而这种摧残是由何而起一直都尚无定论，要判定婚姻中的心理创伤是否会让一个人备受折磨更是难上加难。
The Supreme Court has said there cannot be any "strait-jacket formula or fixed parameters for determining mental cruelty in matrimonial matters".
最高法院称，“在婚姻问题上，并没有量体准则或者说固定的标准来判定是否存在精神摧残”。
Because of its wide legal definition, Indian courts have had to rule on a host of bizarre interpretations of what constitutes non-physical abuse. Atish Patel shares a few of the more unlikely examples.
由于法律定义太宽泛，因此，印度法院必须进行一系列奇特的解释，来说明什么情况会构成非肉体性摧残。Atish Patel 分享了一些“任性”的例子。
Party pooper
聚会反对者
Is a woman partying really a form of abuse?
妻子去参加聚会，对丈夫是种摧残吗？
Last week, the Bombay high court overturned a family court ruling from 2011 that granted divorce to a sailor who claimed his wifes regular partying, among other things, was a form of abuse.
上周孟买高等法院推翻了一个家庭法院的判决， 这个家庭法院2011年判决并生效了一个水手的离婚，该水手称，在妻子做过的事情中，时常去参加聚会非常虐心。
The court observed that the 42-year-old man, who married his wife in 1999, was also in the "habit of enjoying parties", and therefore could not conclude that the woman had subjected the man to cruelty, either physically or mentally.
高等法院发现，该男子于1999年和妻子结婚，现年42岁，而他同样也很喜欢聚会。因此，妻子在身心上摧残他的说法并不成立。
"He is not entitled for a decree of divorce on the ground of cruelty," the court said.
“仅在摧残这个申诉下，无法判他离婚，”法院称。
While overturning the lower courts ruling, Bombay high court Justice ML Tahaliyani noted: "Socialising to some extent in the present society is permissible."
在推翻地方法院判决的同时，孟买高等法院法官ML Tahaliyani 还注解：当今时代，一定程度的社交是允许的。
Sex machine：too much sex
性爱机器：放纵的性爱
An excessive and insatiable appetite for sex has also been cited as a cause for divorce.A sexless marriage is a common trigger for divorce globally. But last year, a man in Mumbai (formerly known as Bombay) wanted to divorce his wife because of too much sex.
过度又贪得无厌的榨取也被引为离婚的诱因。全球来看，无性的婚姻是导致离婚的常见诱因。而在去年，孟买一男子却因妻子过度的性欲提出离婚。
In his petition, the man described his wife as having an "excessive and insatiable appetite for sex" ever since their marriage in April 2012, according to a report by the Press Trust of India news agency.
据印度通讯社报道，在请愿书中，他称自2012年4月结婚以来，妻子就拥有“过度的欲壑难填的性需求”。
He alleged that she would force him to have sex, even at times when he was sick, and threatened to sleep with other men when he refused.
他称，有几次尽管他还生着病，妻子也强迫他爱爱，还威胁他如若不从就和其他男人睡。
He said his wifes "cruel behaviour" and her "adamant, aggressive, stubborn and autocratic" nature had made it difficult for him to live with her.
他说，妻子的这种“粗暴的行为”以及“贪得无厌，挑衅，顽固，独裁”的本性，让他难以和她一起生活。
Last year a family court in Mumbai ruled in the husbands favour and granted a divorce after his wife failed to appear before the court, with the husbands evidence remaining unchallenged, the news report said.
报道称，去年，由于丈夫证据确凿，且妻子未现身法庭，孟买的一家家庭法院批准了丈夫的诉请，同意离婚。
Fashion police：Dress sense has been a factor
时尚警察：衣着品味也是诱因
The man was anguished by his wifes decision not to wear Indian traditional clothes to work.
妻子不穿传统的印度服装去上班，让丈夫甚为崩溃。
In another case, a man sought a divorce from his wife on the grounds of cruelty in part because of her dress sense.
在另一个事件中，丈夫提出离婚，一部分原因就是来自妻子着装品味的摧残。
The man, in his 30s and married since 2009, was reportedly anguished by his wifes decision to often wear shirts and trousers to her workplace instead of traditional Indian clothing.
报道称，该男子30多岁，于2009年结婚。妻子决定不穿印度传统服装，而时常穿衬衫和裤子去上班，让他实在受不了。
A family court passed a divorce order three years ago, but in March last year, the Bombay high court overturned it.
三年前，一个家庭法院下令批准离婚，但是去年三月，孟买高等法院推翻了此判决。
"The door of cruelty cannot be opened so wide, otherwise divorce will have to be granted in every case of incompatibility of temperament," the court ruled.
“摧残的大门不能敞得这么开，否则各种性格不合的离婚都要被通过，”法院规定。
Acne “trauma”
痘痘“摧残”
A man said pimples and boils on his wifes face prevented him from consummating their marriage during their honeymoon.
一男子称，度蜜月时，妻子脸上的痘痘和痤疮让他想放弃婚姻。
Arranged marriages remain common in India but the reason one man gave for wanting to end his union was far from usual - he complained of being traumatised by his wifes acne problem.
包办婚姻在印度仍很常见，然而该男子给出的离婚理由却让人跌破眼镜——他抱怨，妻子的痘痘给自己带来了心理阴影。
In his divorce petition, he argued that the pimples and boils on his wifes face prevented him from consummating their marriage during their honeymoon in 1998.
在离婚请愿书中，他称1998年度蜜月时，妻子脸上的痘痘和痤疮让他想放弃婚姻。
Ruling in favour of the husband in 2002, a family court in Mumbai said the "repulsive condition of the wife is undoubtedly tragic for the wife but this is traumatic for the spouse".
2002年，孟买的一家家庭法庭同意了丈夫的离婚，并称“妻子令人厌恶的情况无疑对她来说是个悲剧，对丈夫来说是种摧残”。
The court added: "The woman played a fraud on him by not disclosing the fact that she had a [skin] disease."
法庭又称：“妻子未告知丈夫她有（皮肤）疾病，这是一种欺瞒。”
The ruling came despite the wifes doctor telling the court her skin condition was treatable and would not negatively affect their sex life.
尽管妻子的医生告诉法庭她的皮肤可以治愈，而且不会影响到夫妻生活，两人依然被判定离婚。
Although skin diseases like acne are not legally recognised as grounds for divorce, under Indias Hindu Marriage Act - which applies to 80% of the countrys population who consider themselves Hindu - leprosy or a "venereal disease in a communicable form", including HIV-Aids or hepatitis B, can be grounds to end a marriage.
虽然诸如痘痘这样的皮肤病并未被法定为离婚理由，但在印度的印度教婚姻法中，麻疯病，以及包括艾滋病和乙肝在内的性传播疾病，都可以作为离婚的理由。印度教婚姻法适用于印度80%的民众，他们都视自己为印度教徒。
“Hostile hospitality”：The tea factor
不够殷勤：一杯茶引发的悲剧
A man divorced his wife for humiliating him by refusing to make tea for his friends
一男子和妻子离婚，原因是妻子拒绝给他的朋友沏茶，让他“很没面儿”。
Going back even further, in 1985 the Allahabad high court in an appeal hearing upheld a lower courts decision that the refusal by a woman to make tea for her husbands friends had left him humiliated and along with other factors, including her decision to terminate a pregnancy without his knowledge, amounted to mental abuse and acceptable grounds for divorce.
往前多追溯几年，1985年阿拉哈巴德高等法院在一次上诉听证中，同意了一家地方法院的判决。判决中，妻子拒绝给丈夫的朋友沏茶让丈夫跌面儿，以及其他因素，包括在丈夫不知晓的情况下流产，都会造成精神摧残，并属正当的离婚诉由。
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发表于 2015-8-13 16:51:38
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