The Punjab and Haryana high court in its recent order has granted divorce to a husband, despite wife not consenting to divorce even after living separately since 10-years.
The couple has no children and financially independent wife has been awarded alimony.
Case:
The couple got married in 2011.
According to the husband, since the inception of the marriage, the behaviour, conduct and attitude of his wife was not good towards him and his family members. He also claimed that after a few days of marriage, his wife stated that she had been forcefully married and he was not of her choice. He also claimed that she used to pick up fights on petty matters, abuse in filthy language and also threatened the appellant to implicate him and his family members in a false and frivolous criminal case.
The wife had termed all allegations by husband as false.
The woman had left her matrimonial home in 2012 and since then the couple was living separately. She had also filed multiple cases on husband’s family, however, they were acquitted of all the complaints.
Amritsar Family Court
In October 2016, the Amritsar family court dismissed the man’s plea for divorce, terming the dispute between the couple as normal wear and tear on married life.
The husband then approached the HC seeking a divorce.
Punjab & Haryana High Court
While deciding this particular matrimonial dispute, a division bench comprising Justice Ritu Bahri and Justice Ashok Kumar Verma observed that “living together is not a compulsory exercise” but “marriage is a tie between two parties.”
Subsequently, they dissolved a dead marriage where the couple had problems from the first day and were living apart since a decade.
The court further observed that the wife, despite being a secured and financially independent woman, was not ready to settle the dispute. The court found that she was not interested in moving ahead in her life and was adamant that even her husband should not move ahead in his life.
The high court had made several attempts to settle the dispute amicably between the couple but all in vain. After hearing both the parties and examining the record, the bench observed that the marriage between the parties had broken down irretrievably and there was no chance of their coming together or living together again.
The bench said not granting a decree of divorce would be disastrous for the parties. The bench set aside the Amritsar court’s order and granted him divorce.
Alimony
Husband was directed to set up an FD of Rs 6 lakh in favour of his wife.
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Punjab & Haryana HC Grants Divorce To Husband Separated Since 10-Years; Grants Alimony To Financially Independent Wife
— Men’s Day Out (@MensDayOutIndia) May 16, 2022
▪️"Court observed that Wife was not interested in moving ahead & was adamant that even her husband should not move ahead in his life"https://t.co/68RZJwPTJF
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