In India MEN can’t get #divorce easily alleging #cruelty or desertion, unless you have cogent #proof and #witnesses. Also case should be fought throughly from the very start (meaning don’t miss key issues at the start). See this pathetic case where parties are separated for at least 7 years, there seems to be nothing left in the marriage, but the husband has LOST his divorce even at the HC … It’s better to remain single and NEVER approach courts for justice, IF you are NOT sure and NOT ready with tons of proof
/////7. In any case, the Family Court had come to a considered conclusion that the Appellant had not made out his case of cruelty under Section 13 (1) (i-a) of the said Act while dismissing the divorce petition. We find that the conclusions rendered by the Family Court 24 / 26 FCA. 89-09.sxw are based on correct appreciation of the evidence and material on record and none of the findings can be said to be perverse. An attempt was made on behalf of the Appellant to demonstrate that there was nothing left in the marriage with passage of time and that the Appellant was in no state of mind to take back the Respondent and the minor child to his home. We feel that this cannot be a factor to decide the fate of the divorce petition, filed by the Appellant. He came to the Court with a specific case of mental cruelty being inflicted by the Respondent on him. But he has failed to prove his case on the basis of evidence and material on record. We find from the record that between September 2009 to April 2010 the parties did stay together with the minor child under orders of this Court and even during this period it was recorded in the order dated 18.1.2010 that the Appellant could not make up is mind to take the Respondent and child to his home. The record shows that the Appellant was intensely desirous of having divorce, but he has failed to make out the case with which he has approached the Court.
28. A feeble attempt was made by the counsel appearing on behalf of the Appellant to claim that an adverse inference needs to be 25 / 26 FCA. 89-09.sxw drawn against the Respondent that there was no sincerity in her statement about her desire to cohabit with the Appellant and his parents even today, because she did not file any application under Section 9 of the said Act for restitution of conjugal rights. The said submission made on behalf of the Appellant is wholly without any substance because it cannot be held that the divorce decree as prayed for by the Appellant deserves to be granted only because the Respondent – wife failed to file an application for restitution of conjugal rights.
29. Thus, on considering the contentions raised on behalf of both the parties and on perusal of the record, we find that the judgment and order passed by the Family Court dismissing the divorce petition of the Appellant is justified and that there is no merit in the present appeal. Point No. 1 is therefore, answered in the affirmative. Accordingly, appeal is dismissed with no order as to costs.
30. In view of dismissal of the appeal, Civil Application No. 308 of 2015 filed therein does not survive and is therefore disposed of.
[MANISH PITALE, J.] [A. A. SAYED, J.]