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Madhya Pradesh High Court: Husband Cannot Seek Divorce to Care for Parents

The Madhya Pradesh High Court recently dismissed a husband’s appeal for divorce, ruling that he cannot avoid his marital responsibilities by claiming he wants to serve his parents for the rest of his life. The court emphasized that as a father and husband, he has obligations that he cannot abandon.

The case involved an appeal filed by a husband under Section 13 of the Hindu Marriage Act, seeking a divorce. However, the Family Court had previously dismissed his application, stating that the issues between the couple were minor and did not amount to cruelty, which is required for granting a divorce.

Dissatisfied with the Family Court’s decision, the husband took his case to the Madhya Pradesh High Court. The Bench, consisting of Justice Vivek Rusia and Justice AN Kesharwani, upheld the Family Court’s decision, citing Hindu Law, which considers marriage a sacred and unbreakable bond. The judges reiterated that marriage is both a sacred and holy union.

The court further stated that a husband and father cannot shirk his duties by citing a desire to care for his parents. Such a reason does not justify a divorce. The court concluded that the husband had not presented a valid case for divorce and therefore dismissed his appeal.

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