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"HUSBAND SENT TO JAIL AND WIFE FILES DIVORCE"

In a recent case, Madhya Pradesh High Court allowed the petition for divorce filed by wife observing that since husband is convicted for murder in a separate case and is in custody for last 6 years, separation constituted mental cruelty on wife and it further amounts to situational desertion, forming a valid ground for granting divorce.



BACKGROUND

Parties got married in the year 2011 and subsequently blessed with a daughter. Years later husband faced trial for murder of his own father owing to certain property dispute and went into custody in the year 2017. Finally, husband got convicted in the year 2019 and was sentenced to life imprisonment.

Seeing the same, wife filed a petition for divorce in the District Court Gwalior alleging cruelty as a ground. In addition husband cruel behaviour towards wife is also alleged in the said petition. 

The district court however, refused to grant the petition filed by wife observing that conviction of husband in separate criminal case is no ground for granting divorce to wife on account of alleged cruelty.

Aggrieved by the said order, the petitioner wife came up to the Madhya Pradesh High Court, it was observed that:- 

  • Husband was involved in 2 criminal matters and in one he has been imprisoned for life, for committing murder of his own father, owing to certain property dispute. Even though he may come out on bail at some later stage, but living with such a person of criminal mindset amounts to cruelty.
  • Also, it is noted that keeping the daughter child of 6 years with respondent husband if he comes out, is not good for the future of child as living with a criminal.
  • Also, it was noted that since the husband is in jail since year 2017, and parties have not lived as husband and wife since then, it is a fit case calling the ground for desertion as being separated for more than 2 years.
  • Further, it was observed that in case this petition is not allowed, petitioner wife will live in danger for whole life and not good for the well-being of the daughter child.


CONCLUSION 

Based upon the aforesaid, the Madhya Pradesh High Court was pleased to set aside the order of the Family Judge Gwalior and granted divorce to the petitioner wife.

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