Wife gets divorce and custody while husband misses court hearings

Pune: A wife's complaint of domestic violence against her husband and their joint divorce petitions resulted in the family court granting the divorce due to the husband's repeated absence from court.

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

Smita and Rakesh (names changed) got married in May 2010. Rakesh suffered from alcohol addiction, which persisted despite being admitted to a rehabilitation center.

During this time, Smita got a job in the civil service and moved to Pune with Rakesh and their child. Rakesh's behaviour did not improve, which prompted Smita to file a domestic violence complaint against him and the case was registered at Hadapsar police station. Rakesh then moved back to his hometown and filed for divorce and custody of the child in Baramati.

Smita appeared before the Baramati court and expressed her willingness for reconciliation. However, finding it difficult to attend the hearings regularly, she requested the Pune District Judge to transfer both the cases to Pune.

In both the cases, the husband's constant absence led to the Civil Judge (Senior Division) dismissing his petitions. Consequently, the Family Court allowed Smita's divorce petition on the grounds of husband's absence.

It is worth noting that in recent years there has been a significant increase in divorce rates among couples aged between 50 and 60. Various factors such as constant marital disputes, infidelity, rejection of physical relationships and financial disagreements have contributed to this trend.

More and more couples are deciding to separate in order to be able to live independently and with self-respect in old age.

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