Divorce is not sold in shops: Judge

Chennai: In an emotionally surcharged court hall in Madras High Court on Monday, a family from a village in Vellore district found their 23-year-old “missing” daughter more than a month after she left home.

But it wasn’t a happy re-union for P. Pavithra, who had been the centre of the Ambur riots following the alleged custodial death of a person in connection with her disappearance.

The woman did not acknowledge the presence of her family members, including her daughter aged five. The court later directed Pavithra to continue staying in a working women’s hostel at Ambattur here. Amidst tight security, she was brought to court at 9.30 am, her face covered with a dupatta.

A Bench comprising Justices S. Tamilvanan and C.T. Selvam took up a habeas corpus petition filed by her husband, at 11.30 am and summoned Pavithra to the dais. The judges made enquiries with her. Soon after giving answers, Justice Tamilvanan asked her whether she was willing to go along with her mother, who was present in court.

Immediately, Pavithra said she would go along with her on condition she would get divorce from her husband. This prompted Justice Tamilvanan to orally observe “divorce is not sold in shops. One has to apply for it in court”. What you had done is a bad practice.” Later, the Bench directed her to go along with her parents and live with them without causing trouble.

The proceedings took a serious turn when the president of Madras High Court Advocates’ Association, R.C. Paul Kanagaraj told the Bench that the matter pertained to the riots at Ambur recently.

Paul Kanagaraj, who was in the hall, said “Pavithra, a married girl having a child, ran away from home. Police suspected the involvement of a Muslim youth, who was the woman’s friend. Following interrogation, the youth died in hospital.”

Subsequently, Ambur witnessed violent clash. He submitted that law did not speak about married women living with another men. In the light of the vacuum in law, police were unable to perform their duty. Hence, the Bench should pass suitable orders to prevent such practices.

Again, the Bench summoned her to the dais and asked her who Shameel Ahmed (who died in police custody) was. She said she knew him while working in a company near Ambur. When enquired, she said she was working in a shop and staying in a working women’s hostel, Ambattur.

Additional public prosecutor, A.N. Thambidurai said property worth more than Rs 50 lakh were destroyed in the Ambur violence.  The Bench then directed her to stay in the Ambattur working women’s hostel for two weeks since the situation may not be conducive for her to return home now. The Bench posted the matter for July 23.