RISE IN DIVORCES HC stresses on ‘art of living’ in family life-Bombay HC
A division bench of justice P B Majmudar and justice Anoop Mohta was hearing cross appeals filed by Kalachowki residents Anil (50) and Shraddha Mane (38). Shraddha challenged the family court’s January 19,
2012, order granting divorce to Anil on ground of cruelty and desertion and directing him to pay monthly maintenance of Rs 7,500. She urged for restitution of conjugal rights. Anil challenged the maintenance part, saying he was willing to pay for their daughter but not Shraddha as she is a computer engineer and could earn for herself.
The judges rued that rising divorces were eroding the institution of marriage. “Going by the rate of the cases we are getting, marriage as an institution will be abolished in 10-15 years. The tolerance level of people has gone down,” said justice Majmudar.
The judges said if traditional marriage is abolished, live-ins will get a boost. “Live-in relationships should not mean the traditional marriage system in India is given the go-by. Marriage is instituted so that man and woman can live in civilized society. Or else, it will be rule of the jungle,” said justice Majmudar. The judges asked Anil’s advocate if there was hope of a settlement and were informed that Anil was unwilling. He said Shraddha had questioned Anil’s paternity and made allegations against his family members. The judges said parties should take care before making reckless allegations. “Sometimes even if there is scope of a settlement, because of the nature of allegations, it does not succeed,’’ said justice Majmudar.
Anil and Shraddha married on March 26, 2001. It was Anil’s second marriage. Their daughter was born on January 12, 2002. Anil, an ONGC engineer, said Shraddha disliked his mentally challenged brother and wanted to stay separately. He said she left home on August 22, 2003, and went with their 10-year-old daughter to live at her parents’ place. Shraddha alleged ill-treatment and said she filed a dowry complaint. She said she feared for her and daughter’s safety from Anil’s brother.
(Names changed to protect identity)