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Lucknow bench of Allahabad High Court rejected the husband’s appeal for granting divorce in case of family dispute. The court said that in this case the wife wants to live with the husband, but the husband does not want to live with her. In such a situation, the demand for irretrievable dissolution of marriage cannot be accepted.
With this important precedent, the division bench of Justice Rajan Roy and Justice Om Prakash Shukla rejected the husband’s appeal for divorce from the wife. Earlier in 2016, the husband had filed a claim for divorce in the family court of Unnao. Which was rejected by the family court in 2021. Challenging this decision of the family court, the husband filed an appeal in the High Court. The husband requested for the divorce to be granted, alleging cruelty against the wife and living separately.
On this the court said that the husband could not prove the allegation of living separately. Whereas, as far as the allegation of cruelty is concerned, the wife herself wants to live with the husband. In such a situation, when the wife wants to live with her husband, but the husband does not want to live with her. Therefore, the demand for irretrievable dissolution of marriage cannot be accepted. Also, both these grounds for granting divorce are rejected. The court completely agreed with the decision of the family court and dismissed the appeal.
