In November 2019, a man was granted divorce by a Delhi court after the woman failed to prove her allegations. The wife also failed to provide any satisfactory reason for deserting him.
The family court Principal Judge Shail Jain while granting the divorce observed that,
I am of the opinion that the respondent (wife) has not been able to prove any reasonable cause due to which she had to live separately from the petitioner (husband).
The decree granted under the Hindu Marriage Act permits divorce on the basis of one of the spouses abandoning the other for a perpetual time span of a couple of years before filing the petition.
The couple got married on January 31, 1998, in Agra. However, since May 5, 2015, they both have parted ways apart and have been living separately.
The woman had left the country and had been living in Dubai since 2016 where she is doing a research job. She had not even informed her husband about the same, which precisely showed that she intentionally wanted to desert her husband.
The man’s advocate Atul Jain had sought divorce under the Hindu Marriage Act. He had argued that the woman had not only deserted her husband but she also subjugated him to physical and mental cruelty. The husband through the counsel had alleged that his wife had caused him “grave mental cruelty”. She decided to ignore her household duties and ended matrimonial relations with him. The court had denied the claim.
On May 10, 2015, despite the husband pleading to the wife, she still left the matrimonial home in Delhi. According to the husband, his wife left him without any “provocation or reason” and also took all her belongings with her.
The woman is currently pursuing a legal research project in Dubai, and she is also working for a reputed law college. According to the woman, her husband was a “compulsive drinker” and used to “mentally harass her, humiliating her on all possible occasions”.
- In the above case, both parties have alleged accusations on each other
- However, when the woman has separated from her husband more than five years ago and also alleged that he was a habitual drinker, what makes her contest the divorce matter in court and not end the ‘abusive marriage’?
- If this was reversed, and a man would have settled in another country deserting his ex-wife, a red corner notice would have been issued and the man would have been asked to pay maintenance endlessly if the woman did not want to settle the matter
- We, as a society, only outrage when a woman is left alone, however, when the same actions are done by the wife, we would still end up blaming the husband
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