• Home
  • About Us
  • Terms and Conditions
  • Privacy Policy
  • Share Your Story
  • Advertise With Us
  • Contact Us
Voice For Men
ads
  • HOME
  • IN THE NEWS
    • ALLEGED FALSE RAPE
    • 498A CASES
    • MURDER
    • SUICIDE
    • IMPACT ON CHILDREN
    • CRIME HAS NO GENDER
    • ADULTERY
    • ALIMONY
    • DOMESTIC VIOLENCE
  • IN THE LAW
    • HIGH COURT
    • SUPREME COURT
    • OTHER COURTS
  • IN THE SOCIAL
    • GENDER STORIES
    • BLOGS
  • HIS STORY
    • SPEAK UP MEN
    • SUCCESS STORY
  • NON TIER-I CITIES
  • वौइस् फॉर मेंन हिंदी
No Result
View All Result
  • HOME
  • IN THE NEWS
    • ALLEGED FALSE RAPE
    • 498A CASES
    • MURDER
    • SUICIDE
    • IMPACT ON CHILDREN
    • CRIME HAS NO GENDER
    • ADULTERY
    • ALIMONY
    • DOMESTIC VIOLENCE
  • IN THE LAW
    • HIGH COURT
    • SUPREME COURT
    • OTHER COURTS
  • IN THE SOCIAL
    • GENDER STORIES
    • BLOGS
  • HIS STORY
    • SPEAK UP MEN
    • SUCCESS STORY
  • NON TIER-I CITIES
  • वौइस् फॉर मेंन हिंदी
No Result
View All Result
Voice For Men
No Result
View All Result
Home IN THE LAW HIGH COURT

READ JUDGEMENT | If Husband Did Not File For Restitution Of Conjugal Rights, Does Not Mean Wife Didn’t Desert Him: Chhattisgarh High Court

Team VFMI by Team VFMI
September 22, 2022
in HIGH COURT, IN THE LAW, NON TIER-I CITIES
0
voiceformenindia.com
READ JUDGEMENT | If Husband Did Not File For Restitution Of Conjugal Rights, Does Not Mean Wife Didn't Desert Him: Chhattisgarh High Court (Representation Image)

READ JUDGEMENT | If Husband Did Not File For Restitution Of Conjugal Rights, Does Not Mean Wife Didn't Desert Him: Chhattisgarh High Court (Representation Image)

957
VIEWS

The Chhattisgarh High Court in its order dated September 06, 2022 granted divorce to a husband after his wife refused to co-habit with him despite a decree under Section 9 of Hindu Marriage Act for restitution of conjugal rights passed in his favour.

The High Court set aside a Family Court order, which earlier refused to dissolve the marriage, despite the wife having stayed with husband only for few days after marriage.

Case:

Parties were married in 2013, however, the wife soon returned to her maternal home. In 2015, when the husband obtained a decree for restitution of conjugal rights requesting the wife to return, she refused to do so and made vague allegations of dowry harassment. 

Chhattisgarh Women’s Commission Boasts Of Settlement Between Couple After Husband Agrees To Pay 75% Monthly Salary To Wife | Social Media Reacts

Allegations by Husband 

Post marriage in November 2013, as per the ritual known as “Chauti Bidai” , four-five people from wife’s family came and took her along with them and advised the husband to come after 15 days to take the wife back.

After 15 days when the husband went to the house of wife, again he was advised to come back after 15 days. He, on different occasions, also tried to contact the wife by phone also and lastly on in April 2014, when he finally went to take her back, he was advised to come after 10 days.

Therefore, it is the contention of the husband that without any sufficient cause the wife has deserted the husband and all the efforts to bring the wife back failed. Thereafter, when the wife did not joined the company of the husband, he filed an application under Section 9 of Hindu Marriage Act, 1955 (for short ‘ Act of 1955’ ) for restitution of conjugal rights.

Arguments by Wife

The respondent/wife filed the written statement and it was alleged that because of torture and demand of dowry she was forced to stay away and she has not deserted the husband and denied all the allegations made .

It is further contended that she informed about the torture to the family members but she was advised to adjust herself, but eventually she could not do so because of the torture meted out to her and consequently she had to leave her matrimonial house. Therefore, it is stated that the wife has not deserted the husband.

READ JUDGEMENT | Abusing In-Laws, Visiting Husband’s Office & Creating Scene Is Cruelty: Chhattisgarh High Court Upholds Divorce

Family Court Rejects Divorce

In 2017, the Family Court of Baikunthpur, District Koriya dismissed the divorce petition on the ground of desertion filed by the husband (appellant herein).

Chhattisgarh High Court 

A bench of Justices Goutam Bhaduri and Radhakishan Agrawal went through the details, evidences and witnesses on record. Referring to the Supreme Court Judgement of Bipinchandra Jaisinghbai Shah v Prabhavati, the High Court initially analysed, ‘What is Desertion’. The bench noted:

Desertion is the separation of one spouse from the other, with an intention on the part of the deserting spouse of bringing cohabitation permanently to an end without reasonable cause and without the consent of the other spouse; but the physical act of departure by one spouse does not necessarily make that spouse the deserting party.

READ ORDER | 498-A IPC Can’t Be Used As Weapon To Teach Lesson To In-Laws; Chhattisgarh HC Grants Divorce To Husband After 22-Years Of Separation

 

Subsequently, the bench made it clear that the husband’s failure to put the decree to execution (RCR) does not forgo the wife’s act of desertion. It observed,

If the fact was known to the wife that husband even knocked the door of the Court to get back the company of the wife but even after that if she did not joined the company, prima facie, inference would be drawn that she did not want to join the company of the husband.

Adding further, the Court remarked,

Simply for the reason that the husband did not put into execution the decree of section 9 of the Act of 1955, the inference cannot be drawn that the husband actually did not want the company of the wife. On the contrary, the facts would show that the wife has deserted the husband prior to 2 years from the date of filing of the application of divorce.

READ ORDER | Wife Insisting Her Husband To Live Separately From Parents & Threatening False Dowry Case Amounts To Mental Cruelty: Chhattisgarh High Court

HC On Dowry Harassment Allegations By Wife

The High Court observed that the wife had only made “bald statements” with respect to dowry harassment. Moreover, when the wife, even after knowing that order of restitution of conjugal right has been passed, did not return to the matrimonial house, which suggested that she had no intention of living with the husband. 

Allowing the husband’s appeal and granting him divorce, the Chhattisgarh High Court concluded,

Under the circumstances, we are of the view that the judgment and decree of the learned Family court is liable to be set aside. Accordingly, we allow the appeal and in consequence it is ordered that the marriage in between the appellant/ husband and the respondent/ wife dated 28.11.2013 shall be dissolved by decree of divorce.

VFMI TAKE:

  • While the cooling off period for Mutual Divorce in India is 6-months, it’s time India fixes a timeline for Contested Divorce as well?
  • In the case above, Wife barely lived with the Husband for few days, and there was no co-habitation between the two for 9-long years
  • Despite no fault of his, the husband had to knock doors of multiple courts only to seek legal freedom, despite his wife deserting him without any strong reason
  • The man has wasted a decade of his prime years of life, where he could have remarried and have children
  • Moreover, Husbands have to channelise their efforts, time and money towards fighting such meaningless cases for years
  • Our matrimonial laws are completely inhuman and based subjectively on which Judge is analysing the case
  • The current form of laws actually allow disgruntled wives to massage their false ego, by not setting the man free
  • Younger generation who is keen to get married, must understand that there is no exit from a dead marriage, unless you are willing to spend a minimum decade at various courts

LEAVE YOUR COMMENTS BELOW:

READ JUDGEMENT | If Husband Did Not File For Restitution Of Conjugal Rights, Does Not Mean Wife Didn't Desert Him: Chhattisgarh HC

▪️Marriage 2013, Wife leaves home in few days
▪️2015: Husband files Divorce – Wife: Dowry Harassment
▪️Divorce after 9Yrshttps://t.co/NkOhO3hOcG

— Voice For Men India (@voiceformenind) September 22, 2022

Image

WATCH:

Interview | Importance of Making a WILL for Men fighting Divorce

 

READ JUDGEMENT: Sanjeev Kumar Sahu v Smt. Priyanka Sahu

 

 

Sanjeev-Kumar-Sahu-v-Smt.-Priyanka-SahuDownload

Join our Facebook Group or follow us on social media by clicking on the icons below

Donate to Voice For Men India

If you find value in our work, you may choose to donate to Voice For Men Foundation via Milaap OR via UPI: voiceformenindia@hdfcbank (80G tax exemption applicable)

Donate Now (80G Eligible)

Follow Us

Tags: chhattisgarh high courtdesertion by wivesgender biased lawsin the lawIrretrievable Breakdown of Marriagerestitution of conjugal rights
Team VFMI

Team VFMI

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Support Us To Spread The Cause
  • Trending
  • Comments
  • Latest
mensdayout.com

Husband Sends Wife To NZ On Study Visa By Paying Rs 21 Lakhs | Wife Blocks His Mobile After Reaching

October 2, 2019
mensdayout.com

Daughter Takes Mum On Her Honeymoon; Months Later Mother Is Pregnant With Son-In-Law

January 20, 2020
mensdayout.com

Mumbai Shocker | 16-Year-Old Porn Addict Girl Forces Younger Brother For Sex Against His Consent; Now Pregnant

August 28, 2021
mensdayout.com

Accountant Left 24-Page Suicide Note Alleging Harassment And Infidelity By Wife

23
mensdayout.com

ASCI Upholds Complaint | CARS24 Sexist Ad To Be Modified Or Withdrawn By June 17

16
mensdayout.com

“I Curse Myself For Getting My Son Married As Per Indian Laws”: Story Of A Senior Citizen Father

15
voiceformenindia.com

Bribery Charges By Rippling Co-Founder Prasanna Sankar Were Fabricated To Garner Public Sympathy: Chennai Police Report

April 26, 2025
voiceformenindia.com

READ ORDER | Supreme Court Quashes Rape On Promise Of Marriage Case; Calls It Abuse Of Process Of Law

April 25, 2025
voiceformenindia.com

READ ORDER | Delhi High Court Quashes Rape FIR After Accused Man Marries Complainant Live-in Partner

January 31, 2025

Follow Us

Recent News

voiceformenindia.com

Bribery Charges By Rippling Co-Founder Prasanna Sankar Were Fabricated To Garner Public Sympathy: Chennai Police Report

April 26, 2025
voiceformenindia.com

READ ORDER | Supreme Court Quashes Rape On Promise Of Marriage Case; Calls It Abuse Of Process Of Law

April 25, 2025
voiceformenindia.com

READ ORDER | Delhi High Court Quashes Rape FIR After Accused Man Marries Complainant Live-in Partner

January 31, 2025
voiceformenindia.com

‘Domestic Violence Against Men’ Delhi HC Order Underscores Principles Of Gender Neutral Justice: Men’s Rights NGO

January 27, 2025

Subscribe To Our Newsletter

    Subscribe to our mailing list to receive monthly updates in your inbox!

    Voice For Men

    Voice For Men India publishes articles about Men's Rights, Gender Biased Laws, Impact on Children of Separated Parents & His Story. Do check out the "Other Side.

    Follow Us

    Browse by Category

    • 498A CASES
    • ADULTERY
    • ALIMONY
    • ALLEGED FALSE RAPE
    • BLOGS
    • CRIME HAS NO GENDER
    • DOMESTIC VIOLENCE
    • GENDER STORIES
    • HIGH COURT
    • HIS STORY
    • IMPACT ON CHILDREN
    • IN THE LAW
    • IN THE NEWS
    • IN THE SOCIAL
    • MURDER
    • NON TIER-I CITIES
    • OTHER COURTS
    • SPEAK UP MEN
    • SUCCESS STORY
    • SUICIDE
    • SUPREME COURT
    • Uncategorized

    Recent News

    voiceformenindia.com

    Bribery Charges By Rippling Co-Founder Prasanna Sankar Were Fabricated To Garner Public Sympathy: Chennai Police Report

    April 26, 2025
    voiceformenindia.com

    READ ORDER | Supreme Court Quashes Rape On Promise Of Marriage Case; Calls It Abuse Of Process Of Law

    April 25, 2025
    voiceformenindia.com

    READ ORDER | Delhi High Court Quashes Rape FIR After Accused Man Marries Complainant Live-in Partner

    January 31, 2025
    voiceformenindia.com

    ‘Domestic Violence Against Men’ Delhi HC Order Underscores Principles Of Gender Neutral Justice: Men’s Rights NGO

    January 27, 2025
    voiceformenindia.com

    READ JUDGMENT | Delhi High Court Calls For Gender Neutrality In Domestic Violence Cases | Voice For Men India

    January 24, 2025
    voiceformenindia.com

    READ JUDGMENT | Can Mother Be Accused Of Abetting Son’s Girlfriend’s Suicide If She Asked Her “To Die”: Supreme Court Responds

    January 23, 2025
    • Home
    • About Us
    • Terms and Conditions
    • Privacy Policy
    • Share Your Story
    • Advertise With Us
    • Contact Us

    © 2019 Voice For Men India

    No Result
    View All Result
    • HOME
    • IN THE NEWS
      • ALLEGED FALSE RAPE
      • 498A CASES
      • MURDER
      • SUICIDE
      • IMPACT ON CHILDREN
      • CRIME HAS NO GENDER
      • ADULTERY
      • ALIMONY
      • DOMESTIC VIOLENCE
    • IN THE LAW
      • HIGH COURT
      • SUPREME COURT
      • OTHER COURTS
    • IN THE SOCIAL
      • GENDER STORIES
      • BLOGS
    • HIS STORY
      • SPEAK UP MEN
      • SUCCESS STORY
    • NON TIER-I CITIES
    • वौइस् फॉर मेंन हिंदी

    © 2019 Voice For Men India