Pangs of separation

The Punjab and Haryana High Court has come to the rescue of wives estranged from their husbands and seeking legal redress and maintenance. The HC order will make their divorce proceedings smoother as it paves the way for providing them financial assistance in the interim period. And, given our system, this phase usually drags on inordinately, resulting in acute agony for the aggrieved women. Taking note of the harrowing time that the bruised and battered women — often also saddled with the responsibility of children and little familial or social support — endure in the quest for their right, the directive fills a lacuna that has long been taken undue advantage of.

With family courts having been instructed to insist on an affidavit of assets, income and expenditure even in ongoing matrimonial dispute cases, the separated wives have now been spared the cumbersome and time-consuming task of gathering proof of income and assets of their spouses, especially of the non-salaried class. Thus, this provision serves to fast-track the cases and ensure their disposal within the 60-day timeframe designated for such pleas. Plus, its rider that concealment of information would invite penal action or adverse inference against the party is aimed at ensuring appropriate alimony.

Men commonly tend to suppress their true income or hide wealth to deliberately defeat their obligation of paying child or spousal support. While couples in the developed world have moved on to smoother exits with prenuptial agreements regarding the ownership of their respective assets, should the marriage fail, we in India are still largely bound by the ‘sacred’ vows. Walking out of an unhappy marriage comes with a huge baggage. Even if a woman gathers the courage to face the social stigma and separate from her husband, the ensuing backbreaking financial and legal entangles keep her from seeking divorce. That India has the lowest divorce rate — below one per cent — in the world does not necessarily illustrate that all is hunky-dory. Rather, it points to the need of easing the traumatic hurdles in the path of freedom from abusive relationships. The current HC order is a step forward.