Indian Matrimonial Laws are not just archaic, but completely inhuman that feed on the misery of innocent Husbands, while Wives are allowed to constantly play the victim.
Punjab & Haryana High Court through its recent order has dissolved a dead marriage after parties separated 23-years ago. Currently, Irretrievable Breakdown In Marriage is not a ground for divorce, and if either spouse keeps contesting to divorce, the other is left at the mercy of courts – which may take decades, like in this case.
Case:
The couple got married in 1990 and has two sons.
As per the appellant-husband, his wife suffered from incurable mental illness and became violent very often. He accused her of beating the children mercilessly and even going to the extent of attacking him.
Best efforts made by the husband to get the wife treated medically, however, there was no change whatsoever in her behaviour. The woman even refused to cook meals for her husband.
Wife Allegedly Deserted Husband
According to the petitioner, his wife herself deserted him without any reason in 1999. After husband’s all efforts to rehabilitate the respondent in the matrimonial home failed, he went on to file for dissolution of marriage (divorce).
Wife’s Defense
The woman, however, denied that she was suffering from mental illness and had ever physically assaulted her children or husband or ever denied them food. She contended that her husband had levelled false allegations to get divorced and it was her husband who had forced her to leave the matrimonial home.
Faridkot Family Court
The Faridkot family court had refused to grant a divorce on the husband’s plea.
Punjab & Haryana High Court
A division bench comprising Justice Ritu Bahri and Justice Ashok Kumar Verma were hearing this petition where they observed that the couple was living separately for over 23 years.
The main issue before the Court was to determine if the relationship of husband and wife had come to an end and if the respondent-wife was not ready to give divorce to appellant-husband, whether this act of her, would amount to cruelty towards husband, keeping in view the fact that she is not staying with her husband for nearly two and a half decades.
The High Court observed,
Though irretrievable breakdown of marriage is not a ground for divorce under the Hindu Marriage Act, the marriage that is dead for all purposes cannot be revived by a court’s verdict if parties are not willing.
The court was of the view that the consequences of preservation in the law of an unworkable marriage that has long ceased to be effective are bound to be a source of greater misery for the parties.
Divorce Granted, Husband Ordered To Pay Alimony
After hearing both parties, the High Court granted divorce, but also directed the husband to pay Rs 10 lakh in the form of a fixed deposit as permanent alimony in the name of the wife.
VFMI Take:
- Divorce laws in India need complete overhaul
- Disgruntled spouses, often the wives, cannot be armed with laws that will govern the fate of separated other
- Husbands spend their entire prime years of life in fighting such ego battles, and in the end, due to lapse in time, the Courts do not get into who is right or wrong
- Number of years passed in such battles, become a key factor to decide divorce cases
- This means, unless you have suffered for years and decades, for a husband there is no justice
- Even after ruining an entire lifetime, husband is duty bound to pay permanent alimony to wife
- This means, women are legally allowed to satisfy their vendetta for decades and in the end, they have nothing to lose
- If husbands have to make payment either ways, it is best to fix a timeline and beyond that if any party contests, divorce must be granted by default
Punjab & Haryana HC Dissolves Marriage After 23-YEARS Of Separation Citing Irretrievable Breakdown As Ground For Divorce
▪️Husband ordered to pay permanent alimony
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WATCH:
Irretrievable Breakdown in Marriage As Grounds for Divorce | Interview With SC Lawyer Prateek Som
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