The Supreme Court of India has rejected the request of 89-year-old Nirmal Singh Panesar to end his six-decade-long marriage to Paramjit Kaur Panesar by not granting a divorce, 82, AFP reported.
The couple, who tied the knot in 1963, saw their marriage face turmoil when Nirmal claimed in legal documents filed in 1984 that their relationship had irretrievably broken down. The catalyst for this breakdown occurred in the same year when Paramjit refused to relocate with him to Chennai, where he was posted by the Indian Air Force, according to the report.
Nirmal initially sought divorce in 1996, citing cruelty and desertion. Although a district court granted the divorce in 2000, it was overturned later that year following an appeal by Paramjit.
Despite acknowledging the irreparable nature of their marriage, the Supreme Court, after two decades, denied Nirmal’s divorce petition, it added.
Divorce still a taboo
The court’s ruling emphasized the continued sanctity and emotional significance of marriage as a vital bond between husband and wife in Indian society. It argued that allowing the dissolution would be unjust to Paramjit, who expressed to the court her desire not to carry the “stigma” of being a divorcee until her death, the report said.
Paramjit also affirmed to the apex court that she had exerted every effort to honor their “sacred relationship” and remained willing to care for her husband in his old age. The couple has three children.
Divorce continues to be socially unacceptable in many parts of India, with only one out of every 100 marriages concluding in dissolution. This is frequently due to familial and societal expectations that couples endure unhappy marriages.
Court cases drag on
Approval from the courts is necessary for those seeking divorce in India, and it is generally only granted when evidence of cruelty, violence, or unreasonable financial demands is provided.
Prolonged delays in India’s criminal justice system mean that some cases take several decades to be resolved. As of last year, the government reported a backlog of around 43.2 million cases pending in courts across the country.
The Supreme Court’s decision in Nirmal and Paramjit’s case sheds light on the challenges and societal expectations surrounding divorce in India, where the institution of marriage remains deeply rooted in tradition and often takes precedence over individual happiness.
