The Tripura High Court recently granted judicial separation to an old couple on humanitarian grounds, stating that they have mutually agreed to be away from each other and the court would not want to precipitate the litigation.
The observation came from a division bench of Justice T. Amarnath Goud & Justice S.G. Chattopadhyay:
"After elaborate arguments on behalf of both sides, both the parties present in court have mutually consented to be away from each other in view of their domestic issues and prays for judicial separation for some period. As the parties are senior citizens and considering their case on special reasons and having humanitarian grounds not to precipitate the litigation and with a hope in future they will have better days this court is of the view that for granting judicial separation which would be appropriate instead of divorce."
The respondent-husband as a petitioner instituted divorce petition before Family Court against the appellant-wife for decree of divorce and for dissolution of their marriage mainly on the ground that the appellant by filing criminal proceeding treated the respondent with cruelty. He alleged that the appellant became indifferent towards domestic works and could not adjust with the family members and started to behave roughly and rudely with the respondent and his sons.
The appellant had contested the matrimonial proceeding and levelled cross allegations of cruelty and harassment with regard to maintenance.
After trial, the Family Court passed a judgment granting decree of divorce in favour of the respondent, against which the instant appeal was preferred by the Appellant.
The High Court set aside the divorce decree and instead, granted judicial separation.
Case Title: Smti. Pramila Ghosh (Guha) Versus Sri Anup Kumar Guha
Citation: 2022 LiveLaw (Tri) 35