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Appeal 27 Dec
Appeal 27 Dec
COMMISSION’S RECOMMENDATION IN
2009 – NOT YET DONE
PAST
In 1994, myself got married after lots of inside drama from her
family. Her father could never accept me “from heart” as an
eligible husband of his daughter and he did a “FAVOUR” to us; by
managing to get a job for her, in a school 65 km away from her in-
law’s house, just a month before the said marriage. Meantime I
managed to make a house with the proceeds received from LIC,
obtained after my father’s death. At that time, I was looking after
the “small” business left by my father. But her father could never
rely on my financial condition and his daughter continued with the
service by ferrying daily up and down 130 km. She used to stay
very often at her father’s house (close to workplace). She
conceived in 1995, but had a miscarriage, and she had two more
miscarriages after that in two consecutive years. I lost the joy of
being a FATHER and the doctors told specifically that all these
miscarriages happened due to her daily strenuous journey . In
between, I have decided to take up a job. And my wife finally
decided to leave her job, her father also agreed (after some drama
again) to the decision. And just after that she became the “proud
mother” of our only son. But she could never forgive me for that
decision, although she made her own decision always.
PRESENT
In October, I felt sad for my son (but nothing for my wife) and
came to my old address. But the “drama” continued. I got seriously
depressed after noticing my wife’s behavior. Actually she got
much more “CRUEL”, and silently (sometime with abusive
language in a very low voice) she started humiliating me. Finally,
I went to a psychiatrist. I was suffering from a tremendous
depression and trauma for my wife’s behavior. After being
checked up by 2 more doctors, I am taking anti-depressant drugs
since then. Recently (January, 2009) I got a “fit certificate” from
Doctor, but still having medicines. In between, she forced to bring
all household goods from my rented apartment and stopped to me
sell the same, although some items (like fridge) were duplicated. I
really got spellbound noticing her attitude. She forced me to shift
to 1st floor leaving my mother on ground floor. On 1st floor we
were sleeping in different rooms .Now I am again residing at my
rented apartment. ]
Now it’s already 5 months gone after my filing. The first date was
in Dec 2009. On that day I just got another date. And on the next
date also, I shall surely get just “another date.”
Is not this the right (if not delayed already) time to address the
problem associated with Indian Divorce Act itself? Please note,
I am not the 1st to say this, the law commissions already felt this in
1971 and 2009 (reports enclosed). Both “seriously” recommended
introducing THE IRRETRIEVABLE BREAK DOWN OF
MARRIAGE as another ground for divorce. We have now a “Fault
divorce” and mutual divorce. When my partner and me can’t agree
on a less affecting thing like “mutual divorce” (which means to
break the tie of marriage), how can we STAY TOGETHER in
marriage thereafter? All of us know that, staying together (in any
form) requires much more agreement between any two people than
to stay apart. That means I have to request (or beg or buy) my wife
to be free from marriage, just like a sentenced captive from the
Jail. Judiciary indirectly being used as a tool to bargain terms for
divorce, in cases like this. Yes, when there is legal battle between
couple, who are staying separate over a year, the only motto can be
to get a “good bargain” or to harass one spouse by mere non-
cooperation. My wife now more “ cruel” in behaviour. She is
fighting legally with me – that means she don’t have any
‘emotional” dependence on me. When we talk about our “old
tradition of marriage” we often forget that, no “traditional” wife
will come to court to keep or leave her marriage.
OR
Theories of divorce
Judicial opinions
Other jurisdictions
Problems, suggestions
“In AUSTRALIA
If a marriage breaks down, it can legally be ended by the
court granting a Divorce.There is only one ground for divorce
in Australia - the fact that the marriage has irretrievably
broken down. The legal test of irretrievable breakdown is
that you have lived apart for at least twelve months and
there is no prospect of reconciliation. As far as the court is
concerned, this is all you have to establish. The judge won't
be interested in who left whom, or whether one of you is
having an affair, or whose 'fault' it was that the relationship
broke down.”
III.RECOMMENDATI
ON
3.1 It is, therefore, suggested that immediate
and children
I like to highlight some facts in countries, where NO- FAULT
(effectively faster & peaceful) divorce exists: -