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‘What is the use of divorce at this age’ – HC refuses to break 34 year old marriage

‘What is the use of divorce at this age’ – HC refuses to break 34 year old marriage
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Telangana News: Telangana High Court gave such a decision on a unique and long-running marital dispute, which caught everyone’s attention. The court clearly said that there is no benefit in taking divorce at this age. And this also became the basis of the court’s decision. While preventing the 34-year-old marriage from breaking up, the court acknowledged that ending the relationship legally is not a practical solution.

The special thing in this case was that both husband and wife had filed appeals against each other. After 17 years of legal battle, several hearings, the husband’s missing status, and the children becoming adults, the court felt that there was no concrete purpose to divorce. Therefore, the court not only canceled the divorce but also canceled the judicial separation order given earlier.

Where did the 17 year old dispute start?

The case began in 2008, when the husband filed a petition to dissolve their marriage that dates back to 1991. Husband is a civil engineer by profession. His allegation was that his wife constantly doubted him unnecessarily. When she came home late, she would ask which woman you had slept with? And once he was also injured by attacking him with a vase. The husband also told that the wife filed a case against him under 498A, in which he was later acquitted.

Wife also made serious allegations

The wife retorted and said that the husband had illicit relations with another woman and he constantly harassed her for money. He claimed that he endured everything for the sake of the children and tried to manage the family.

What was the root of the case? at a glance

  • The husband demanded divorce on the grounds of cruelty.
  • The wife accused her husband of illicit relations and financial harassment.
  • In 2012, the family court did not grant divorce but granted judicial separation.
  • Both the parties reached the High Court and filed cross-appeals.
  • Several attempts at reconciliation were made in the High Court, but were not successful.
  • There was no information about her husband’s whereabouts in recent years.

High Court said: Now the purpose of divorce is over

Justice K. Laxman’s bench said that giving divorce at such an age and after so many years would be just a formality. The husband is 56 and the wife is 52 years old, while their children are 33 and 28 years old. The court accepted that in these circumstances, ending the marriage would not yield any meaningful result.

Court’s view: Legal battle had become a burden

After looking at the records, the court said that this case has lost its nature. The husband did not appear in court for years. Even the wife could not tell anything about his whereabouts. The purpose of ending a relationship is achieved when it has a direct impact on the life of one of the parties. But here both the distance of years and the weight of age were telling a different story.

Decision: Both appeals rejected, old order also canceled

The High Court said that now neither divorce nor judicial separation is necessary. Therefore, the appeals of both were also rejected and the original divorce petition filed by the husband was also quashed.

Legal Analysis: Why is this decision important?

This decision could set a precedent for cases where the practical benefit of legally ending a relationship no longer exists. In long-term marriages, the court often takes into account the actual state of the relationship, age, status of children, and impact on daily life. In this case, the court accepted that the relationship has broken down, but legal divorce will no longer provide real relief to any party.

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Tags: 34-year marriage34-year marriage caseagebreakdivorcedivorce plea dismissedHigh Court divorce casejudicial separation ordermarriageMatrimonial disputematrimonial dispute IndiarefusesTelangana High CourtTelangana High Court verdictyear
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