Bengaluru: Differences, living apart not grounds for divorce, says high court


Daijiworld Media Network – Bengaluru (MS)

Bengaluru, Mar 27: Differences between husband and wife, fights and living separately are not reasons enough to consider an appeal for divorce according to the high court.

The High court quashed a decree for divorce pronounced by the fourth additional family court of the city.

The divisional bench comprising Justice Alok Aradhe and Justice S Vishwajit Shetty gave this order responding to the application of the wife, who questioned divorce appeal of her husband that was upheld by the family court.

In its verdict, the divisional bench of high court said, “The divorce decree was passed by the family court citing reasons that there is a huge gap that cannot be reconciled between the couple and that they have been living separately since nine years. So these reasons are not enough to be eligible for divorce. This divorce decree is not correct. The accusations of husband and wife are to be seen with a specific reference to the customs of their respective societies.”

 

 

  

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Comment on this article

  • Shree, Udupi

    Wed, Mar 30 2022

    Beti Padao, Beti Bachao, Beta ko Nachao,

    DisAgree Agree Reply Report Abuse

  • mohan prabhu,, mangalore

    Mon, Mar 28 2022

    The HC judgement flies in the face of reality. What is the use of that "sacred" bond if the glue holding it together has melted away? I believe that the judgement is flawed; if not, a law giving right to divorce should be passed when marriage is irretrievably broken and the partners have lived apart for a year or more. If I am right, the HC will be quickly reversed by the SC.

    DisAgree Agree [2] Reply Report Abuse

  • Flavian, Mangalore/Kuwait

    Mon, Mar 28 2022

    "No more marriages only live-in relationships will be the future of a collapsing society." Not a bad idea ! That may also help containing family growth (number of children) . Our government must think seriously to legalize. I forgot about old age and about senior citizens 😒

    DisAgree Agree [20] Reply Report Abuse

  • R. Gopinath, Falnir, Mangaluru

    Mon, Mar 28 2022

    No more marriages only live-in relationships will be the future of a collapsing society.

    DisAgree [1] Agree [19] Reply Report Abuse

  • Dev, Mangalore

    Mon, Mar 28 2022

    Certainly living separately is not ground enough but the reasons for the same and unreconcilable differences should be good enough to grant them divorce as the very purpose of the marriage is non-existent unless for job their living separately is valid but should not be ground to ask for divorce. The interpretation of many laws are confusing- e.g., living together is considered to be as good as marriage and consensual sex isn't rape even if promises are broken (Jarkiholi case) etc. Now aggrieved husband cannot remarry but living in relationship isn't punishable or illegal!

    DisAgree [1] Agree [15] Reply Report Abuse

  • Santan Mascarenhas, Kinnigoli/Bangalore

    Mon, Mar 28 2022

    Now, husband has only one choice, that is to request his wife: "Please release me, let me go--- For I don't love you anymore--- To waste our lives would be a sin--- Release me and let me love again." (Song by Engelbert).

    DisAgree [2] Agree [21] Reply Report Abuse

  • Cynthia, Dk

    Mon, Mar 28 2022

    Yessssss.....yaaaasyyyy....ya hooooo....🤣🤣🤣 best advice given by the court is dont marry...If you marry dont divorce....hmmm.. goth zale ? Yerek bod kirikiri undu maatha...?

    DisAgree [5] Agree [10] Reply Report Abuse

  • Jossey Saldanha, Raheja Waterfront

    Mon, Mar 28 2022

    Living separately for 1 year is good enough ground for Divorce ...

    DisAgree [5] Agree [29] Reply Report Abuse

  • Cynthia, Dk

    Mon, Mar 28 2022

    But, see the heading of this article Dotto sir. .. Your point has solid weightage than the heading... voi zalyar voi mun....

    DisAgree [5] Agree [8] Reply Report Abuse

  • Jossey Saldanha, Raheja Waterfront

    Tue, Mar 29 2022

    Cynthia, Stop calling me Dotto because my wife is Suspicious ...

    DisAgree Agree Reply Report Abuse

  • k b r, Mangala Uru

    Sun, Mar 27 2022

    Wedlock nothing but Deadlock....

    DisAgree [3] Agree [18] Reply Report Abuse

  • Kumar, Kinnigoli

    Sun, Mar 27 2022

    ಬೇಕಾ..... ಮದುವೆ. ಹಿಡಿಯಲ್ಲಿಕ್ಕೂ ಇಲ್ಲ... ಬಿಡಲಿಕ್ಕೂ ಇಲ್ಲ....

    DisAgree [5] Agree [38] Reply Report Abuse

  • Robin, Byndoor

    Mon, Mar 28 2022

    ಅಂದ ಹಾಗೆ… ಕಟ್ಕ್ಂಡ್ ಕೆಟ್ ಹೋಯ್ತಲ್ಲ ಅಣ್ಣಾ ಇನ್ನೇನ್ ಮಾಡುವಾ ?? ಆ ಯೋಗೀನ ನೋಡಿದ್ರೆ ಹೊಟ್ಟೆ ಉರಿತದೆ…

    DisAgree [3] Agree [12] Reply Report Abuse

  • k b r, Mangala Uru

    Mon, Mar 28 2022

    ಯೋಗಿ model ತಪ್ಪಿ ಹೋಗಿದೆ? ಮೋದಿ model try ಮಾಡಿ..

    DisAgree Agree [12] Reply Report Abuse

  • Cynthia, Dk

    Mon, Mar 28 2022

    ಇದೆಂತಹ ಉಪದೇಶ ಸ್ವಾಮಿ ??? ಅಷ್ಟೂ ದೂರ ಬೇಡ. ನಮ್ಮ ಕರ್ನಾಟಕದ ಯಡಿಯೂರಪ್ಪ ದವರ ಮಾದರಿಯಲ್ಲಿ ಏನ್ರೀ ತೊಂದರೆ ??

    DisAgree [6] Agree [19] Report Abuse

  • k b r, Mangala Uru

    Sun, Mar 27 2022

    Martial divorce...??????

    DisAgree [3] Agree [12] Reply Report Abuse


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Title: Bengaluru: Differences, living apart not grounds for divorce, says high court



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