A divorce is among the most traumatic occurrences for any couple. To add to this, it can also be long-winded and a costly affair if divorce is contested. Even couples who mutually agree to the divorce, must prove that they have been separated for 6-months to a year before the courts consider their plea.
Case:
- An octogenarian couple was granted divorce last week by a family court in Madurai due to ‘differences’ between them
- The family court judge Sumathi granted the divorce to Veluchamy (82) and Kasthuri (80)
- They got married in 1962 in Palayampatti in Virudhunagar district and have been living separately for the past 25 years owing to ‘irreconcilable’ differences
- Though Kasthuri requested the court to help them live together, Veluchamy said,
We got separated 25 years ago and have been living separately, and I seek separation
- Following this, the judge Sumathi granted them divorce
- However, this is only the family court, and the woman has right to challenge this order in the High Court and subsequently Supreme Court
One may find it unbelievable how contested divorce cases take years and even decades. The above case is a classic example of divorce being granted by family court after their silver jubilee of separation.
Do such legal separations even matter after a point? If the husband is now 82, he would have been 57 at the time of separation. If courts were reasonable beyond a point to allow divorce irrespective of either parties contesting, such wastage of one’s years or judiciary’s time could be certainly avoided.
Currently, Indian couples have the below grounds for divorce. There is no ground if the couple fails on compatibility or has an irretrievable breakdown in marriage. Such couples are bound by law even if either party chooses to stay away from the other spouse.
- Cruelty
- Adultery
- Desertion
- Conversion
- Mental Disorder
- Communicable Disease
- Renunciation of the World
- Presumption of Death
The first two are the most common reasons why either spouse files for divorce, and also these are the most difficult to prove in court of law. Therefore, if one spouse chooses not to free the other for sadistic pleasure, the couple may end up never getting a judicial separation (divorce).
ALSO READ –
http://voiceformenindia.com/in-the-law/divorce-after-33-years-gujarat-hc/
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