Chandigarh: The Punjab and Haryana High Court has upheld a divorce granted by the Jalandhar Family Court, stating that a wife cannot force her husband to leave his parents as a condition to stay with him.
The couple had married in November 1990 as per Hindu customs and lived together for a brief period. However, the wife later insisted that her husband separate from his parents and set up his clinic in Jalandhar, where her own parents live. When the husband refused, she left the matrimonial home in January 1992 while pregnant.
Despite this, the husband visited her parental home in Hazara village, Jalandhar, with gifts and sweets, requesting her to return with him after the child was born. However, her parents made it clear she would only return if he lived separately from his family.
The division bench of Justice Ritu Bahri and Justice Manisha Batra also observed that the wife falsely implicated her husband and his family in a criminal case, which ended in their acquittal. The court noted that she even filed a domestic violence case, which was later dismissed due to her absence in court.
The husband provided evidence of emotional harassment, showing that the wife refused to adjust in a joint family and insisted on separation. The court concluded that the marriage had broken down irretrievably, and the couple had no chance of reconciliation.
While dismissing the wife’s appeal against the 2015 family court decision, the High Court upheld the divorce and ordered the husband to pay ₹15 lakh as permanent alimony.
The court emphasized:
“If the couple cannot fulfill the core purpose of marriage—companionship—and live apart for a long time, it leads to an irretrievable breakdown of the marriage.”
Thus, the divorce was confirmed by the High Court.
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==