Home > Other news > 29-yr-old divorce case of 80-yr-olds

29-yr-old divorce case of 80-yr-olds

NEW DELHI: The Delhi high court on Thursday brought to an end a 29-year-old divorce case involving perhaps one of the oldest couples , with the wife aged 80 years and the estranged husband being 83.

Justice Kailash Gambhir upheld the divorce decree granted by a lower court to the husband in 1994 on the grounds of desertion by the wife, but also expressed grave concern over the time taken to decide matrimonial cases.

“This court should not shy away from observing that the years which should have been spent by the parties to start on a clean slate have been spent with lawyers and in court rooms. When parties approach the portals of law for dissolving their matrimony, it should be the endeavour of courts to expeditiously decide these matters so that parties can get on with carving out their future plans. But more often the situation arises like in the present case that the gruelling litigative voyage leaves parties helpless and hapless,” an anguished court noted in its verdict.

The HC was hearing an appeal by the wife against grant of divorce decree by the lower court. The wife argueds he had never deserted her husband , as concluded by the court and wanted the decree annulled. The couple got married in 1953 but the union was strained from the beginning, with the husband being forced to leave the house in 1979 by the wife and their daughter. This prompted him to file a divorce petition in 1982 that eventually led to the split being accorded a legal sanction in 1994.

Reviewing the case, HC added, “Marriage is a union where the husband and wife spend their entire life building a bond of trust, love and friendship which would be their support during the last years of their lives . Having the other spouse by the side at the fag end, to cherish the moments of their times spent together , is an asset which clearly the parties were devoid of in the present case.”

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