Court dumps ‘peculiar’ divorce plea

Terming it as a “peculiar” matter, a city court dismissed a woman’s plea seeking divorce to show her marital status as “single” in her passport since she wanted to go abroad and live with her son.

The woman had earlier sought divorce citing cruelty and desertion but later revealed to the court that she was seeking divorce only because she wanted to show her marital status as single in the passport.
“Petition is clearly not arising out of cruelty or desertion. On the contrary, it is arising out of a peculiar requirement of the petitioner (woman) as stated by herself i.e. to show her single status in the passport and for no other reason...
“As such, the petition, on the face of it, is not maintainable at all, and same is being dismissed,” additional district judge Sujata Kohli said.
The court said the Hindu Marriage Act clearly puts down ground for divorce and does not provide for any such ground as stated by the woman for which she requires divorce.
The court passed the order on the petition of a woman who initially filed the divorce plea on grounds of cruelty and desertion. However, early this month the court noted that her petition had no details of marital discord or cruelty and that she had not even lodged any missing report of her husband who, she claimed, had deserted her and has been missing for past eight years.
On the contrary, she gave her husband’s address to the court.
On this, a general query was put to her by the court, to which she revealed that she has filed the petition so that she can get to show her marital status as “single” in her passport as she is desirous of going abroad and living with her son.
The woman reiterated the same in her statement recorded by the court wherein she specifically stated that there was no other reason for seeking divorce and that she has not yet applied for a passport as she was awaiting a decree of divorce.

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