A case in the family Court has dissolved the marriage of a marriage on the petition filed by the Husband accusing his wife of Adultery.
In the appeal in the High Court of Karnataka, the decision was funny though legal.
The wife’s argument was that her husband was suffering from Depression, Paranoia and had documents to support her stand.
The Court decided that the denial of a chance to the wife to explain amounts to cruelty and therefore the dissolution is void.
May be it is legally correct, thought Right, and it is endorsed by the Indian Lawyer Review.
Husband is depressed and suffers from Paranoia,wife is reported to be committing adultery.
What good can come of this relationship if they continue it?
The logical step for them , according to the judgement -Live together again ‘that too under the circumstances?
Or separate?
Whether the a chance is given or not to whom it is given it is clear they can not live together.
Then what is the point in voiding the Dissolution of the marriage?
The interesting point is the report is silent as to whether the wife wants to live with her husband.
Story:
According to an article in today’s Times of India, the Karnataka High Court has held that being denied a chance to prove an argument amounted to cruelty in a divorce case. The parties in the case had been granted a divorce by the family court. The Husband had moved for a divorce on the basis of adultery. The Wife opposed the motion and sought to prove by medical testimony that the Husband suffered from a “paranoid disorder.” The High Court cancelled the divorce judgment and ordered the case back to the family court with the direction “to afford an opportunity to both the parties to adduce further evidence, in accordance with the law.”
The interesting aspect of this case, for foreign readers, is that Indian courts can, and routinely do, deny a divorce to a party who wishes to have a divorce. With the advent of no-fault divorce in the West we often forget that in many countries one must still prove a cause for divorce and that getting a divorce is by no means a routine task. There are cases in the paper every week discussing parties who have been attempting to get/opposing a divorce for decades! Will India ever see no-fault divorce? That remains to be seen. In this matter, however, it is good news that one party will be afforded an opportunity to be heard in court. For that is the very foundation of a justice system.