May 12: The May 6 Bombay high court judgment declaring cruelty, adultery and desertion as separate grounds for breaking a Christian marriage was just half the battle won for the three women whose divorce petitions were the basis of this case.

All three - Jessie D'Silva, Ursualla Menezes and Pragati Varghese - continue to fight a bitter personal battles seeking separation from their husbands.The three had never known or even met each other. But last week their lawyers - Flavia Agnes, I P Bagaria and Lata Desai respectively - argued on rather similar charges - divorce due to mental and physical cruelty by their husbands. In Jessie's words, ``We did not even realise that we were part of a major campaign. Of course, our divorce pleas are still to be decided on individual merits...we are happy that a larger theory of granting divorce has been determined. This judgment will go a long way in giving justice to Christian women seeking divorce.'' The three women will now be heard by Justice M A Rane of the Bombay high court after the court vacations.Interestingly, they never thought they had a ``strong case'' of striking down the objectionable section. They were merely fighting individual battles. As the divorce petitions show, the nature of these battles was also quite different.

Ursualla, 32, filed for divorce in 1995. She was married in 1987. Even during the first 12 days of their marriage, before her husband flew off to Saudi Arabia, quarrels and abuses were routine. While he was away, he did not provide any money to his wife, claims the divorce petition. Even after she gave birth to a male child, the mental harassment, now coupled with physical assaults, continued. She was twice compelled to approach the Nirmal Nagar police.

Jessie, 34, married in June 1990. Her alcoholic husband started abusing her two days after the marriage. Thereafter, physical assaults became the order of the day. Jessie's parents and other relatives were also harassed during this period. She was beaten up even during her two pregnancies. When all this became unbearable, Jessie went to stay with her mother along with her two children.

Pragati Varghese's story is even more complex. She was 22 when she got married and converted to Christianity. It was a love marraige. Domestic unrest started from day one. She was abused during pregnancy and was not allowed to visit her parents. She had approached a counselling centre in Worli. But, the efforts did not pay off. In 1994, she went to stay with her parents.

All the three women have demanded custody of their children and alimony from their husbands.Agnes says, ``The Kerala high court judgment, recognising cruelty and desertion as grounds for divorce gave strength to these three women. Fortunately, Justice K K Baam clubbed the three petitions.''

Ursualla's advocate Desai feels that courts have acted as social reformers. ``The Christian community has been demanding simplification of divorce procedure for a long time now. But, successive state governments have been apathetic. We are glad that courts took the initiative in striking down the offending provisions.''

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.