When I tell ppl that A MAN filing for divorce is taking a gamble and that could be costly and FUTILE, ppl just laugh at me !! Now guys tell me what this is ???
“…In his plea, the husband argued that since he and his wife had been living separately for the past 12 years, he should be allowed to end his marriage. ……”
“…On her part, the wife claimed she was harassed for dowry but HC found that everyone was discharged for lack of evidence by the trial court…”
No proof wife’s cruel, divorce plea junked
TNN | Sep 10, 2016, 01.02 AM IST
New Delhi: A man living separately from his wife for over a decade failed to get a divorce from the Delhi high court after he couldn’t prove that his wife was cruel.
A bench of Justices Pradeep Nandrajog and Pratibha Rani dismissed the appeal filed by the husband, pointing out that divorce can’t be granted merely on the grounds that a marriage is dead and there has been a breakdown.
“We know that the parties have been living separately for the past 10 years. Efforts made at different levels by the family court could not resolve the issue. Parties may claim that the marriage has broken down irretrievably as they could not reconcile themselves but the question is whether this is reason enough to be granted divorce. The answer is no according to the decision of the apex court,” the bench noted, refusing relief.
In his plea, the husband argued that since he and his wife had been living separately for the past 12 years, he should be allowed to end his marriage. The man had filed a petition seeking dissolution of marriage on account of cruelty.
But the trial court, on the basis of evidence, concluded that the accusations of cruelty against the wife could not be proved.
“We have no hesitation to conclude that the instances given by him are nothing but normal wear and tear in a matrimonial life, which cannot constitute mental cruelty and aren’t weighty enough to dissolve the marriage,” the court said.
On her part, the wife claimed she was harassed for dowry but HC found that everyone was discharged for lack of evidence by the trial court.
“What actually led the wife to separate from her husband along with her daughter is something only the couple knows,” HC noted.
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