Consider one-time payout to wife than lose 12 years in trial, man told
MUMBAI: "An appeal once admitted will remain for 12 years" till it is finally decided, said the Bombay high court on Friday to a man whose wife had appealed against a family court decision. The court asked the husband to consider giving a substantial one-time settlement to end their marriage by mutual consent as it was what both appeared to want, rather than lose 12 years of his life.
A bench of Justices Abhay Oka and Gautam Patel on Friday was hearing a wife's appeal against divorce granted by the Bandra family court to her 50-year-old husband, whose family owns a bakery at Kala Chowkie. Her counsel Neeta Karnik said the husband had problems which he refused to be treated for and hence it was difficult to stay together. The couple, married in 1995, had separated in 2006. The husband provides Rs 5,000 each for his two childrenâ€"one of who (elder) just passed the Class X exams.
The family court had last year accepted the husband's petition for divorce on grounds of cruelty, while dismissing her petition on similar grounds. The HC bench asked the husband's counsel Sarika Mehra to seriously consider mutual consent as an option as Justice Oka said "both of you want a divorce, then must pay a substantial alimony". The judges said, "It's the first appeal that will have to be admitted. A stay will be granted and 12 years of his life will be lost. Ask your client how much will he give." The judges added, "May be after the fifth year, there can be a plea for enhancement of the monthly maintenance.''
The court fixed July 23 as the next date and asked for a concrete suggestion from the parties by then.
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