Wife's conduct amounts to mental cruelty, says HC, grants divorce to 52-yr-old
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The bench on Monday noted that the wife had deliberately abandoned her husband and son after her income increased.
The man, an advocate, had filed for divorce in the family court on the grounds of cruelty and desertion. His application was dismissed on Oct 25, 2023 by the additional third principal judge, family court, Durg.
According to the court documents, the applicant got married on Dec 26, 1996 in Bhilai. They have a 19-yr-old daughter and a 16-yr-old son.
The court was informed that the wife, after completing her Ph.D. with her husband's help and securing a job as a school principal, began to quarrel with him over minor issues.
The husband's legal counsel submitted that during the Covid-19 pandemic, when his income stopped due to court closures, his wife taunted him for being unemployed and made unreasonable demands. Following a dispute on Aug 2, 2020 she left home with their daughter.
The husband and son tried to bring her back but were allegedly forced to leave.
The court was also presented with a letter from Sept 16, 2020 which the wife had written, stating that she was leaving the home of her own free will. She informed the police about her decision four days later.
The bench ruled that the wife's actions constituted desertion, citing that she had intentionally left the matrimonial home without a justifiable reason and had not returned despite the husband's efforts. The court referenced previous judgments from the Supreme Court to support its finding on cruelty and desertion.
The HC concluded that since the couple had been living separately since Sept 16, 2020, their marriage had broken down irretrievably. Accordingly, the appeal was allowed, and the marriage was dissolved.
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