DIVORCE AFTER 22 LONG YEARS

BACKGROUND

Husband and wife got married in year 2000, at Shillong. Prior to their marriage, both of them were working in same office and known to each other very well. However, despite that just after one year, i.e. in the year 2001, wife left her matrimonial home. Husband tried to bring her back, but the wife refused. Therefore, in 2003, husband was forced to file for divorce.

OBSERVATIONS

In the year 2010, the District Court decided in favor of husband, and the marriage between the parties stood dissolved. It was observed that that since wife has deserted husband without any cogent reason, therefore the marriage between the parties stood dissolved.

Aggrieved by the same, wife approached the High Court and filed an appeal. It was contented that wife had no intention to leave the husband permanently. Wife also pleaded that husband was very well aware that she could not leave her job as she is to look after her elderly parents and dependents. Moreover, she said that since husband ill-treated her, therefore she has no other option but to leave the matrimonial home.

On the other hand, husband stated that when she left the matrimonial home, the husband and other friends/family members made their efforts to bring her back but she remained adamant and told till the time husband keep her mother with him, she will not return.

However, High court observed that conduct of husband in approaching high court even before expiry of 2 years' time of separation seems doubtful and ruled in favor of wife and annulled the decree of divorce.

The husband then moved to the Supreme Court and finally in the month of Dec 2025, i.e. after almost 22 years, the husband's appeal was allowed and divorce was granted.

Comments

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