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Raj Kumar Makkad (Adv P & H High Court Chandigarh)     24 April 2012

Court stresses on ‘art of living’ in family life

MUMBAI: Instead of live-ins, the institution of marriage should be preserved in India, the Bombay high court said on Wednesday, adding that "there should be art of living in family life so that relationships can be saved".

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 it 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 to live with their daughter (10) at her parents' place. Shraddha alleged ill-treatment and said she filed a dowry complaint. She said she feared for her and her daughter's safety from Anil's brother.
 
SOURCE: The Times of India


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 4 Replies

Shantanu Wavhal (Worker)     24 April 2012

 "Sometimes even it there is scope of a settlement, because of the nature of allegations, it does not succeed,'' said Justice Majmudar.

 

T R U E !


(Guest)

very very true


(Guest)

keep should not get advantages like wife.

helpingwindisputedcases (chairman)     27 April 2012

gender wars ,biological warfare ,weapons of mass destruction unleashed i guess .the court forgets that the future of war is peace and the future of peace is war.so the future of marriages is divorce and then future of divorce continues in the next new wave to hit..this is like a food chain which is eating the legal system .if only women in india become more liberal and learn to have a good time in life can they overcome thier depressions and fears and apprehensions.we must learn to coexist after all we are not aliens .the next generation to come will however be the most sensible breed of the lot.


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