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Thinking Privacy in Family Law

A spouse walks away from the marriage bed and wants this to be legally recognized. I told her/him that s/he could not get a divorce because..

A spouse walks away from the marriage bed and wants this to be legally recognized. I told her/him that s/he could not get a divorce because s/he was at fault for having walked away without an apparent cause. S/he had made public a liaison with another person. I don’t care about divorce, s/he said: I just don’t want the other to harass me physically. S/he barges into the separate house I have rented. Disrupts my office. Can’t s/he be restrained from doing that?

I have deliberately made the above gender narrative neutral though the case I am talking of concerns a husband having left the marriage.

Apart from his marital fault of adultery, my client was exemplary in other spheres of marriage: as a parent, as a provider and even in correct demeanour and protocol towards his estranged spouse. Similarly, a wife who wants to walk away could well be exemplary in all spheres of marriage; she could be self-supporting, non-demanding, a good parent but might seek to be ‘left alone’.

Read the full article published in Seminar Read here.

Malvika Rajkotia
Malvika Rajkotia

Malavika Rajkotia is an attorney with about 31 years of experience in a wide range of practice areas. She has developed a focus on family and property law, and also takes up issues pertaining to civil liberties and environmental law. Her personal interests are theatre where she has been active, having done about 30 Hindi and English productions as also a television law based serial called “Bhanwar”. She anchored the first Hindi Television Talk show in India called Shakti, which focused on women’s rights. She also works with various NGOs like Sakshi and IFSHA on civil liberties and human rights issues.

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