Can’t forgo quarantine period for divorce: High Court

Saurabh Malik

Tribune News Service

Chandigarh, March 1

A couple who accorded importance to divorce over Covid norms has failed to find favour with the High Court.

The agony of living together was perhaps more than the apprehension of Covid affliction for an estranged couple in India from foreign lands. The couple moved the court seeking directions to the Union of India and other respondents to permit parting of ways with the self-quarantine procedure as they had to appear before a court for divorce. However, Justice Anil Kshetarpal of the HC made it clear to them that “the citizens of all countries of the world are already suffering” due to Covid-19 spread and the interest of individuals could not be protected at the cost of the public.

Justice Kshetarpal observed the husband and wife had filed the writ petition for directing the respondents to revoke the order dated February 19 vide which they had given an undertaking to remain in 14-day self-quarantine from the date of landing. It was pleaded by their counsel that the petitioners had to appear before a subordinate court in Gurdaspur for the hearing of their petition for divorce by mutual consent.

After hearing the counsel for the petitioners at some length, Justice Kshetarpal made it clear that public interest could not be compromised by asserting the court was of the opinion that such a direction could not be issued to the respondents. “In these circumstances, no ground to issue the writ, as prayed for, is made out. However, the family court, Gurdaspur, is requested to adjourn the case beyond the date of their quarantine period,” Justice Kshetarpal asserted before disposing of the matter.

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