Telangana High Court Closes Chapter on 17-Year Legal Battle
The Telangana High Court has delivered a final verdict in a protracted matrimonial dispute, refusing to dissolve a 34-year marriage and bringing to close a legal battle that spanned nearly two decades. In a significant ruling on November 26, the court dismissed appeals from both husband and wife, effectively rejecting the husband's original petition for divorce.
A bench comprising Justices K Lakshman and V Ramakrishna Reddy set aside a family court's earlier order of judicial separation and opted to dismiss the case entirely. The judgment emphasized that dissolving the marriage at this stage would serve no practical purpose, given the couple's advanced ages and the fact that their children are now adults.
The Origins of the Marital Discord
The legal journey began in 2008 when the husband, a civil engineer by profession, filed a petition seeking dissolution of his marriage that had been solemnized in 1991. He alleged continuous cruelty from his wife throughout their married life.
Among the serious allegations made by the husband was that his wife constantly suspected his character and would question him about "with which woman he slept" when he worked late at construction sites. The situation escalated to physical violence when, according to the husband's testimony, his wife assaulted him with a flower vase, causing a bleeding injury that required hospitalization.
The husband further revealed that his wife had filed a criminal case against him under section 498A of the Indian Penal Code, though he was ultimately acquitted in that case. Another significant point of contention involved the wife allegedly offering the husband's plot of land to a third party without his knowledge, which led to successful litigation by the husband to protect his property rights.
The Wife's Counter-Allegations and Family Court Proceedings
The wife presented her side of the story, alleging that her husband had "illegal contact with another lady" and had consistently harassed her for money. She claimed to have tolerated everything with great patience, primarily keeping the welfare of their two children in mind.
The family court had initially granted only judicial separation in 2012, stopping short of granting a full divorce. Dissatisfied with this partial resolution, both parties escalated the matter to the high court with cross-appeals in the same year.
The high court attempted to mediate a settlement between the warring spouses, but these efforts proved "not fruitful" according to the judgment. The court also noted practical difficulties in the proceedings, including that the husband's whereabouts were not known to his counsel, and the wife too was not in a position to inform the court about them.
The Final Verdict: Age and Circumstances Dictate Outcome
Justice Lakshman specifically noted the current circumstances of the couple in the ruling. The husband is now 56 years old, while the wife is 52. Their two children have reached adulthood, aged 33 and 28 respectively.
In its conclusive statement, the court ruled: "In the light of the aforesaid discussion, dissolving the marriage of the parties will not serve any purpose at this age." The judgment cited the advanced age of the couple and the decades that had passed since their marriage as key factors in the decision.
The court ordered the dismissal of both appeals, thereby setting aside the original judicial separation decree and dismissing the husband's petition for divorce altogether. This ruling brings finality to a legal battle that has consumed 17 years of the couple's lives, while their marriage itself has lasted 34 years.
