Wife eager to meet again; the court dismissed the husband’s divorce petition

In this judgment, on October 1, a division bench comprising Justice Rajan Roy and Justice Om Prakash Shukla dismissed the husband’s application seeking a decree of dissolution of marriage in favor of the husband who had sought such directions. He filed an appeal challenging the decision of the Unnao family court that dismissed his 2016 matrimonial case seeking dissolution of marriage.

In this case, the husband sought a divorce on the grounds of cruelty and abandonment, but he did not provide any justification for either claim.

The court stated: “It is true that the parties have lived apart for a considerable period of time, but this is not the only test of the irretrievable breakdown of a marriage. Divorce is based on the theory of guilt.

The court noted: “We have already discussed that the essential element of desertion is animus deserendi, which has not been proven in this case. In terms of cruelty, it is seen that the respondent/wife has indicated that she is willing to live with her husband, while the appellant/husband has failed to prove any cases of cruelty or abandonment towards his wife, supported by coherent and coherent evidence of the witnesses and has testified that he cannot live with the respondent at any cost. ”

The court found that the husband had not proven the allegations of cruelty against his wife. While the wife wants to live with him, the husband does not want to live with her. Therefore, the allegation of irretrievable breakdown of marital life cannot be accepted. With this in mind, the court dismissed the complaint.

MANOJ KUMAR SINGH