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This is an archive article published on June 10, 2010

Don’t make child casualty in battle of egos: SC to couple

Concerned over the possible effect behaviour of an estranged couple on their child,the SC said their minor daughter should not be a casualty of the ego clash.

Concerned over the possible effect behaviour of an estranged couple on their child,the Supreme Court on Thursday said their minor daughter should not be a casualty of the ego clash.

In the battle of egos between the couple,the child’s interest should not be affected,a bench of Justices Deepak Verma and K S Radhakrishnan said while dealing with a matrimonial dispute between a military officer and his estranged wife working with a software company.

“The worst sufferer will be the child. We do not want this to happen. It is better you sort out the matter mutually and come to a settlement,” the bench told the couple.

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In a lighter vein,it said that “once a person is married,where is the question of independence? It is lost”.

The bench made the remarks after the counsel for the husband Hitesh complained that the marriage had “irretrievably broken down” to such an extent that the wife,after filing of the suit for divorce,taunted the husband with “happy Independence Day.”

He submitted there was no point in the couple living together as they are residing separately for the past 10 years and the wife is now unwilling to grant divorce.

The counsel made the submission to drive home the point that the wife,after agreeing for divorce by “mutual consent”,has now withdrawn her consent.

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