A couple came to us with their little daughter and both lamented about their own grievances. The wife Adhya of about 35 years of age about how ignorant and morose her husband was, and did not involve in any family function or and remained separated and lonely. The husband Vishant of about 40 spoke about how complaining and quarrelsome his wife was, and how explosive the environment remained every day. Both of them had some right and some wrong on their parts, and were simply emotionally incompatible. All our efforts at reconciliation failed, and they took a mutual divorce with clear settlement on maintenance and custody. One thing I found good was that they held no grudges and were highly cooperative with each other, and the settlement was not at all cumbersome. But the little girl’s sad face lingers on. That is what happens even in mutual divorce
matters, wherein the couple may find some peace in separation
, but the children get got up in the middle of the ruckus.
Apart from peaceful tales of mutual divorce due to no apparent fault of either party, there also are stories of people who abuse and torture each other, making a case for contested divorce
. One such matter more complicated, because the husband was abusive and arrogant, while the wife was a poor submissive woman of a small town where divorce is a taboo. The case was initiated by her friends when the abuse came to light, and they wanted her to get rid of the terribly abusive marriage. The husband however vehemently contested the claims, accusing her of adultery and of acting the victim to receive money. The case was fought hard in Court, and a lot of evidence was examined. She was finally able to prove her case and received divorce along with monthly maintenance, Streedhan property, etc. and he was also booked under DV Act. The guy was also criminally prosecuted under 498-A
, and the evidence against him is quite strong on both physical and mental cruelty.
The tales range from stories of incompatible couples struggling with a marriage, wherein sometimes some marriage counseling may prove helpful, to instances of well-plotted revenge where the wife sues the entire extended family of the husband under 498-A
. We see all kinds of cases, some invoking sympathy and some making us wonder how the system is being manipulated by people to extract revenge for a hurt ego. The misuse of provisions in effect makes the genuine cases look forged as well, and defeat the provision as well.