Punjab & Haryana HC Upholds Divorce as Wife Refuses to Stay with Husband’s Parents
The Punjab and Haryana High Court has upheld a divorce between a couple after the wife insisted her husband live separately from his parents. The court ruled that their marriage had irretrievably broken down as the wife had refused to stay with him unless he left his family.
Wife Insisted on Living Separately, Husband Refused
The husband provided evidence that his wife had been pressuring him to move away from his parents and set up his medical practice in Jalandhar, where her family lived. When he refused, she moved to her parents’ home and refused to return.
After the birth of their child, the husband visited her with gifts and sweets, requesting her family to let her return. However, her parents insisted she would only come back if he agreed to live separately.
False Allegations Against Husband & Family
The court also took note of a false criminal case filed by the wife against the husband and his family, in which they were later acquitted.
Court’s Verdict on the Divorce Case
The couple was married in November 1990, but in January 1992, while she was pregnant, the wife left the husband and gave birth to their child in her parents’ village in Jalandhar.
After reviewing the case, a division bench of Justice Ritu Bahri and Justice Manisha Batra ruled that the marriage had broken down beyond repair. The court also noted that the wife had filed a domestic violence case, which was later dismissed due to her non-appearance.
Husband Ordered to Pay Rs 15 Lakh as Alimony
While dismissing the wife’s appeal, the High Court upheld the divorce granted by the Jalandhar family court. However, the husband was directed to pay Rs 15 lakh as permanent alimony to his ex-wife.
The court further observed that if a couple cannot provide companionship to each other and live apart for a long time, it amounts to an irretrievable breakdown of marriage.
With this ruling, the divorce was upheld, bringing an end to the long-standing legal battle.
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