The Andhra Pradesh High Court has dissolved the marriage of a 70-year-old woman and her 72-year-old husband by mutual consent, waiving the mandatory six-month waiting period for the couple who had lived apart for nearly five decades.
A division bench consisting of Justice Battu Devanand and Justice Sunitha Gandham issued the order on August 13, concluding that there was no realistic prospect of reunion after 49 years of separation.
In its ruling, the court observed that legal provisions enabling mutual consent divorce signify a broader evolution in how Hindu marriages are treated under the law, shifting from an unbreakably sacred union to a contractual arrangement when both partners decide to part.
Details of the Mutual Agreement
The High Court order resolved an appeal brought by the wife, a homemaker, challenging a June 3, 2024 family court judgment. That lower court ruling had originally terminated the marriage on allegations of cruelty and desertion raised by the husband, a retired employee.
While the appeal was pending, the couple chose to end their long-standing legal disputes through a joint settlement. Under the agreed terms, the husband will provide his wife with Rs 20,000 in monthly maintenance. Both individuals also agreed to terminate cross-litigation, with the husband withdrawing a criminal complaint and the wife dropping a separate pending legal matter.
Unsuccessful Conciliation and Background
The bench noted that it had offered conciliation to encourage the couple to remain married, but neither spouse demonstrated an interest in cohabitation due to their prolonged estrangement and strained relations.
The couple was married on June 4, 1972, according to Hindu customs and had no children. They had lived separately since September 1978. Advocate G. Vijaya Saradhi represented the wife during the proceedings, while advocate T. C. Krishnan appeared for the husband. Setting aside the previous family court decree, the High Court formally granted the decree of divorce based on mutual consent.
