109th Day Of Lockdown

Maharashtra2384611326259893 Tamil Nadu130261846941829 Delhi109140846943300 Gujarat40155281832023 Uttar Pradesh3370021787845 Karnataka3341811878471 Telangana3222410123339 West Bengal2710917348880 Andhra Pradesh2542213914292 Rajasthan2317417620497 Haryana1993414904290 Madhya Pradesh1665712481638 Assam15537984935 Bihar1433010251111 Odisha11956797273 Jammu and Kashmir92615567149 Punjab71404945183 Kerala6535370828 Chhatisgarh3526283514 Uttarakhand3305267246 Jharkhand3192217022 Goa203912078 Tripura177313241 Manipur14357930 Puducherry120061916 Himachal Pradesh110182510 Nagaland6733030 Chandigarh5234037 Arunachal Pradesh2871092 Mizoram2031430 Sikkim134710 Meghalaya113451
Nation Current Affairs 24 Jul 2017 Hyderabad: Family co ...

Hyderabad: Family court charges a fee for divorce

DECCAN CHRONICLE.
Published Jul 24, 2017, 7:46 am IST
Updated Jul 24, 2017, 7:46 am IST
Citing physical abuse and infidelity, the woman wanted a divorce from her husband as well as permanent alimony of Rs 25 lakh.
Court fee, which is charged for civil suits, is rarely charged in the family court cases, but in an unusual move this was charged in one particular petition  (Representational Image)
 Court fee, which is charged for civil suits, is rarely charged in the family court cases, but in an unusual move this was charged in one particular petition (Representational Image)

Hyderabad: A family court in the city directed payment of ‘court fee’ for  a divorce and permanent alimony case. Court fee, which is charged for civil suits, is rarely charged in the family court cases, but in an unusual move this was charged in one particular petition.

The petitioner was a 53-year-old woman who had approached the court for divorce under the Hindu Marriage Act Section 13(1)(ia) and permanent alimony under Section 25 respectively. Citing physical abuse and infidelity, the woman wanted a divorce from her husband as well as permanent alimony of Rs 25 lakh.

 

The court noted that the couple had been married for 30 years, and had two grown-up children. The court asked the wife on what prompted her to apply for divorce.

The woman stated that her husband, a government employee had been unfaithful and abused her physically and despite repeated attempts at counselling, it had failed to reform him. The court examined the rationale behind the alimony demand of Rs 25 lakh from a retired government employee, with a pension of Rs 20,000.

With these points in mind, the court granted divorce and an alimony of Rs 5 lakh, but directed payment of a court fee, amounting to Rs 30,000, to be paid by the woman, as per the Andhra Pradesh Court Fees And Suits Valuation Act, 1956.

 

While it goes against the practice, lawyers say the rationale is to discourage exorbitant demands of alimony and an attempt to save the institution of marriage shared by the couple for 30 years. The woman though, insistent on divorce went ahead to pay the court fee without further contestation or review petitions.

Lawyers observe that increasingly women in higher age brackets are opting for divorce to escape the lifelong abuse they faced.

“The women may turn desperate after waiting for all these years for the marriage to work and when it doesn’t, they seek divorce. Such stringent measures by the court may be incorporated to filter out the unwarranted divorce request,” said advocate Anita S. Jain.

 

...
Location: India, Telangana, Hyderabad




ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT