Living apart for long is not enough for seeking a divorce if either the husband or wife has made sincere efforts to mend their ties, the high court ruled recently.
Living apart for long is not enough for seeking a divorce if either the husband or wife has made sincere efforts to mend their ties, the high court ruled recently.
The ruling came in favour of Pavithra (name changed), who had appealed to the court after a court in Bhadravathi granted them divorce over a plea filed by her husband Neelakant (name changed).
“Divorce should not be granted merely on the ground that there can be no scope for cohabitation (living together) between the couple,” the high court said.
In Pavithra’s case, the court said, her husband did not cooperate with her despite her sincere efforts to mend the ties and live together.
On August 27, 2009, the court in Bhadravathi had granted them divorce on the grounds that there was no scope for cohabitation between the two as they had been living separately for many years.
Pavithra challenged the judgment.
She said she had got married to Neelakant on June 26, 1980 at Kanchi in Koppa village of Honnali taluk. Neelakant was then working in a local company. After wedding, she began to face problems from her husband, who kept on demanding property as dowry.
When his torture became unbearable, her father executed a will in the name of both.
Meantime, a daughter was born to them. But that did not soften Neelakant’s behaviour. He started demanding her father to transfer the property in their name.
When Pavithra’s father refused to do so, Neelakant’s family started ill-treating her. She was finally driven out of their home.
Pavithra did not lose hope. She still wanted to go back to her husband’s home for the well-being of her daughter. She represented her case before village panchayats. Despite persuasions from village elders, Neelakant refused to take her back.
She had no other go but to stay at her maternal home. She lived there bringing up her daughter who is now a major. Strangely, no help came from her husband all these years.
While Pavithra was trying to get her daughter married off, Neelakant filed for divorce. The court in Bhadravathi granted them divorce.
She was broken but not beaten. She wanted to continue the fight. She moved the high court.
Setting aside the lower court’s order, the high court has referred the matter back to the lower court for review.
The dispute between a husband and wife is very sensitive in nature and requires human touch.
The trial court could have persuaded the parties to have family counselling or referred the matter to a mediation centre. The trial court did not make any efforts in this direction and it disposed of the matter only for the statistical purpose, the high court observed.
“There was not enough documentary evidence to show that Neelakant had made sincere efforts to bring his spouse back,” it said.
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