A couple that separated only just a week after they were wedded was at last granted a divorce, 13 years after they had married.
A division bench of the High Court of Karnataka in its judgement delivered a verdict that since the marriage had once and for all broken down, it would amount to “harassment” if the court did not consider their case and grant a divorce.
On May 18, 2001 in Tumkur, the couple had registered their marriage under the Special Marriage Act. Both the husband and the wife employed in the same school — one as an assistant librarian and the other as an office secretary. After ten years of their marriage, the husband moved a local family court seeking divorce. His plea was rejected.
It follows that the husband again filed an appeal which was heard by a division bench of the High Court comprising Justices K L Manjunath and Ravi Malimath on January 27,were the husband stated that he was forced to marry much against his wishes. The court was given the lowdown that the wife did not cooperate to consummate the marriage and he was forced to live separately.
Togetherness of the couple was seen only for a week after marriage.He blamed his wife that she used to abuse him in front of the colleagues, whereas on the other hand, the wife argued and blamed that her husband suffered from impotency.
She also applied to the court to appoint an expert to perform potency test on her husband.
The court, however, ruled in favour of refused and had sought divorce. The husband and annulled the marriage. “When they are unable to live together as husband and wife for more than 13 years and when marriage is not consummated in this length of time, if the case for divorce is not considered, it would amount to harassment to both the parties,” noted the judges.
The court went on to add, “When the respondent (wife) contends that the appellant (husband) is impotent, her contention that she is still willing to live with him cannot be believed… Considering that the marriage has irretrievably broken down, we are of the view that ends of justice would be met if the marriage is dissolved.”