Wife Wins Divorce and Child Custody as Husband Misses Court Hearings

Pune: A wife's domestic violence complaint against her husband, coupled with their mutual divorce petitions, culminated in the family court granting the divorce due to the husband's repeated absence in court.

As a result, the child remains in the custody of the wife. Advocate Amit Rathi, with assistance from Advocate Prachi Jog, represented the wife.

Smita and Rakesh (names changed) were married in May 2010. Rakesh had an alcohol addiction, which persisted despite admission to a de-addiction center.

During this period, Smita secured a government job and moved to Pune with Rakesh and their child. Rakesh's behavior did not improve, leading Smita to file a domestic violence complaint against him, resulting in a case being registered at Hadapsar Police Station. Rakesh then moved back to his hometown and filed for divorce and child custody in Baramati.

Smita appeared in Baramati court, expressing her willingness to reconcile. However, due to the difficulty of attending hearings regularly, she requested the principal district judge in Pune to transfer both cases to Pune.

In both cases, the husband’s consistent absence led the Civil Judge (Senior Division) to dismiss his petitions. Consequently, the family court approved Smita's divorce application due to the husband's non-attendance.

It must be noted that in recent years, there has been a notable rise in divorce rates among couples aged 50 to 60. Various factors such as consistent marital disputes, infidelity, refusal of physical relations, and financial disagreements have contributed to this trend.

Couples are increasingly choosing to separate to live independently and with self-respect in their later years.