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– Photo : Amar Ujala
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The Lucknow bench of the Allahabad High Court has made an important comment in the judgment of a family case. The court said that the wife living separately from her husband for more than a decade shows that despite being bound by legal ties, their marriage has remained a mere fantasy. Such a situation leads to mental cruelty. With this comment, the court accepted the husband’s appeal to divorce his wife.
The division bench of Justice Rajan Roy and Justice Subhash Vidyarthi gave this decision on the appeal of a husband from Hardoi. In the appeal, the decision of the Hardoi family court was challenged in which the husband’s claim for divorce from his wife was rejected.
The husband said that he got married in the year 2012. After this, on 9 May 2014, the wife stopped living in his house and did not come even after a decade. Even after the notice was issued in the appeal, she did not appear in the court either in person or through an advocate. In such a situation, the husband had requested for divorce to be granted.
The court said that the wife has not returned for more than ten years and she is not pleading in the appeal either. This shows that she does not want to have a relationship with the husband. The court said that this is enough to establish abandonment and cruelty. In such a situation, there are sufficient grounds to grant divorce in favor of the husband.
The court said that the decision of the family court to reject the husband’s divorce claim is not tenable in the eyes of law. With this remark, the High Court quashed the decision given by the Family Court Hardoi in the year 2022 and granted the decree of divorce to the husband, dissolving the marriage.
