‘No chance of reunion’: Andhra Pradesh High Court grants divorce to couple in their 70s

“The legislature intended to provide a mechanism for the easy dissolution of Hindu marriages by mutual consent, marking a shift from viewing marriage as an indissoluble sacrament to a contractual agreement. Having considered the facts and circumstances of the case and the long duration of desertion, this court is of the opinion that the cooling-off period can be waived and accordingly,” the August 13 order read. 

The Andhra Pradesh High Court was hearing an appeal filed by the woman against the family court’s 2024 order, which had dissolved her marriage with her husband on the grounds of cruelty and desertion.

Living separately for 49 years

The woman, a homemaker, claimed that she was the legally wedded wife of the 72-year-old retired employee. They got married on June 4, 1972, according to Hindu rites and customs, and did not have any children. The couple had been living separately since September 1978.

Justices Battu Devanand and Sunitha Gandham found that there were “absolutely no chances of reunion” between the couple.

The husband had earlier approached the family court seeking dissolution of the marriage on the grounds of cruelty and desertion. The family court allowed his plea on June 3, 2024, following which the wife challenged the order before the High Court. The woman was represented by advocate G Vijaya Saradhi in the matter. On the other hand, the husband had advocate T C Krishnan as his counsel.

‘Agreed to dissolve marriage’

The high court noted that during the pendency of the appeal, the couple settled their differences and jointly sought divorce by mutual consent. The husband agreed to pay Rs 20,000 per month as maintenance to the wife and also agreed to withdraw a pending criminal case, while the wife agreed to withdraw another pending case.

The high court noted that it had made efforts to advise the couple to continue their marriage, but given their “strained relationship” and the very long period of separation, neither showed any interest in living together and there were no “chances of reunion”.

The court found that, instead of continuing the long-running litigation, the couple had chosen to end their marriage and put an end to the disputes between them. Allowing the appeal, the court set aside the Family Court’s previous order and dissolved the marriage by mutual consent.