- 27 -
On Sunday, Ramesh and Rani had gone to Khanna to seek legal advice regarding divorce. Khanna had put a few questions to Rani and got the necessary facts. He had apprised Ramesh of the legal aspects. On Monday evening, Ramesh went again to meet him. Ramesh asked him to clarify the condition of living separately for a year or more before applying for divorce by mutual consent under section 13(B). Khanna explained, “Ramesh Ji, the condition of living separately for a year or more before applying for divorce by mutual consent under section 13(B) is mandatory. No court has given any judgment overriding it till date. However, there are judgments where courts have held that it’s not necessary for the husband and wife to live at separate places in the period of one year. Even if they had not maintained the conjugal relationship for a year or more while living under the same roof, they’ll be considered to have fulfilled this condition, and can seek divorce by mutual consent.”
“Khanna Sahib, please explain in a little more detail what else needs to be done to file the case for divorce by mutual consent.”
“Ramesh Ji, first of all, there should be a consensus between the husband and wife that they want to separate. Two more things have to be decided - one, what will be the maintenance allowance for the wife? There’s no specific provision of upper or lower limit in the law, it may be any amount, it may even be zero. But mutual consent is necessary. Two, custody of the children. This situation is not applicable in your case, because both of your daughters are married. Once the husband and wife agree to separate, an application has to be submitted in the district’s family court alongwith affidavits of both the spouses, and a joint statement that they’re separating because it’s not possible for them to live together. After six months of filing it, the applicants are required to appear again before the court and confirm their statement. Then the court passes an order legalising their divorce. Six months’ time is given so that the husband and wife could give a second thought to their decision to separate. During this period, either of the parties can withdraw the consent. In such a situation, the court rejects the application. Ramesh Ji, I’ve explained in simple language all the provisions of law related to divorce by mutual consent. Now go home and discuss it with madam in calm atmosphere and then take the next step.”
“Thank you Khanna Sahib. I’ll decide soon and apprise you accordingly.”
……
After having dinner and winding up the kitchen, when Rani was going to her room, Ramesh called her to his bedroom. She came and stood there. Ramesh made space for her to sit by folding his legs and said, “Sit down, I want to talk to you about some important issues.”
But Rani did not sit on the bed, instead she sat on the settee. She did not say anything and waited for Ramesh to say for which he had called her. After a pause, Ramesh took the conversation forward and told her that he had gone to Khanna’s office in the evening. After telling Rani everything that he had discussed with the lawyer, he asked, “Now tell me, what you want?”
“When you’ve already taken a decision, where does the question of my liking or disliking remain?”
Ramesh was somewhat irritated by her reply, but without revealing it, he said, “I’ve decided to separate from you. There’re two legal ways of separation. First is that I level allegation against you of having illegal relationship with Alok behind my back and file a case in the court. But I don't want to choose this path. Second is to separate by mutual consent about which I’ve just told you everything in detail.”
“Thank you Ramesh Ji for deciding not to level allegation upon my character. Do whatever you think is right. I’m ready to do, without any question or condition, whatever you may ask me do.”
After saying this, Rani got up and made a move towards her room. The conversation was over, so, Ramesh let her go .
*****
