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’10-yr separation entails divorce’

PANAJI: It is no longer advantage the woman. The men too have a right in a marriage. The high court of Bombay at Goa has ruled that the husband is entitled to divorce if the wife has not shown the intention to reunite during a consecutive period of 10 years.

Delivering a judgment on a second appeal in a case involving abandoning of matrimonial house by wife claiming cruelty, Justice U D Salvi referring to clause 8 of Article 4 of Law of Divorce under Portuguese Civil Code, observed that “if it is shown that there was no such desire to unite on the part of the spouse contesting the claim for divorce during the period of 10 consecutive years of separation, it can very well be said that the claim for divorce on the ground of freely consented de facto separation ought to succeed”.

The matrimonial dispute had reached the high court after the wife, Sheetal Pai, challenged the order of the appellate court that granted divorce to her husband Prakash Pai in 2000.

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