Divorce allowed to husband on the ground of desertion.

Bharti vs Anil

Bombay HC, Nagpur Bench

06/02/2017

FAMILY COURT APPEAL NO. 55 OF 2016

About/from the judgment:

Divorce allowed to husband on the ground of desertion.

 

The Family court, rightly appreciated the evidence tendered by the husband on record to hold that the husband was successful in proving that the wife had deserted him without any just or reasonable excuse.

 

Though the wife had claimed that the husband and his family members were demanding dowry and money from her and were illtreating her for nonfulfillment of the said demands, the wife did not enter the witness box to prove her case. There is no complaint or any other document on record to show that the husband and his family members indeed demanded dowry from the parents of the wife. The Family Court found that there was nothing on record to show that there was reasonable and justifiable cause for the wife to stay away from the matrimonial home for five years. The Family Court observed that the wife had pleaded in her written statement that she was ready to cohabit with the husband, however, she had not filed any counter claim to show that she really intended to reside with the husband. It was found that the wife had never filed any proceedings during the period of five years for the restitution of conjugal rights.

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