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Roshni B.. (For justice and dignity)     15 August 2011

Man denied divorce despite 25 years of separation

Man denied divorce despite 2 decades of separation

 

 

New Delhi: A man whose wife left him for her maternal home within a couple of years after marriage over 25 years ago has failed to secure divorce from her on grounds of cruelty and desertion, with the Delhi High Court noting that he made no attempt to bring her back. 

Upholding the trial court’s order rejecting the divorce plea of Amar Lala Arora, Justice Kailash Gambhir concurred with the lower court's findings about the petitioner's conduct towards his wife. 

"The appellant (Arora) has also not proved that there was no consent on his part and his conduct was without blemish so as to compel the respondent wife to leave the matrimonial home," the court said while rejecting the man’s argument that his wife had deserted him just few years after their marriage in February 1987. 

"The learned trial court had observed that the petitioner lacked the courage to bring back the respondent wife to the matrimonial home due to the fear of his mother and rightly so as the minimum which can be expected of the husband and the family members of the husband is to give due respect to the wife who enters in a new atmosphere in her matrimonial home," said Justice Gambhir while censuring the man's conduct. 

"It cannot be forgotten that a girl leaves behind her parents, home, hearth, loved ones, friends and memories to come to a new house with new people and atmosphere to begin a different phase of life with her better half," he added. 

While rejecting Arora's plea for divorce, the judge said, "There may be difference in life styles, values and educational and social background of the new house and it is the solemn duty of the in-laws to give a friendly, amiable, affable and harmonious environment to give the daughter-in-law time and space to be able to adjust and become a part of her new family." 

"The girl leaving the cocoon of her parental house should be welcomed with open arms instead of putting up a hostile front and treating her like an outsider," the judge said. 

Arora had been married to Shashi Bala on February 13, 1987 and a year later the couple was blessed with a daughter but their marriage failed to last long as the wife left her matrimonial home, alleging that that her husband treated her rudely under the influence of his family members. 

 

Arora contended that he along with his parents had gone to her parental house to bring her back but she had refused to come back to the matrimonial house with even her parents supporting her decision. 

https://zeenews.india.com/news/delhi/man-denied-divorce-despite-2-decades-of-separation_725378.html



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 7 Replies

Legal_Help (Consultant)     15 August 2011

Again a judgement in the favour of wife..... Dont know when the Indian judicairy will understand the pain of Husbands....They have full sympathy to all wives but nothing to husband...

Now a days no wife wants to stay with in-laws.. why? Cant she adjust with in-laws? With laws like 498A, DV Act in favour of wives makes this adjustment more difficult and every time they threaten in-laws and at the end the just leave home or file all such cases to make their life hell.

Husband has got lot of other things to do like his own professonal life, care of prents.... To keep marriage intact is the responsibility of both husabnd and wife.. so If wife leaves home on her own then why the court expect husband to go after her and plead her to come back.

In this case, they got separated 25 years back... if they not staying for 25 years then what is left in this marriage? Wiffe can leave matrimonial home on her own reason and husband cant seek for divorce even after 25 years,.... what kind of judgement is this?

We have got HMA-1955 with few amendments to it later but still the basic is same as 1955. In last 10-15 years indian society has chnaged a lot... we have seen the western culture, people have become more independent especially girls.... Now its not the time to consider marriage as  SAAT JANAM KA RISTA.... Why dont the judicary think to chnage HMA-1955 and make it simple like we have in USA/UK....

1 Like

kumarjainn (govt service)     15 August 2011

parents without boy child have no options but to create situation to get their daughter back after marriage

N.K.Assumi (Advocate)     15 August 2011

The man lacked the courage to bring back the wife and the wife lacked courage to go back to her husbad and maybe feels guilty of deserting him when he needed her the most: so the husband is blamed right? I must say the marriage is dead and buried.

chandra mohan (power)     15 August 2011

what type of law we have in our country? If they are not able to come together in 25 years then what the court expect. they should die with their marriage photographs thats the only thing left in this case.

In this advance age and present life style if two person cannot understand and manage then it is better to quit the marriage and law should support it.


(Guest)

According to Indian law and judiciary, all responsibilities,duties,helping attitude, adjustment, caring,burden, fault, guilt...................hangs on the shoulders of men. women are free birds. thank to our society, inspite of few, Families are continuing because of co operating attitude of women/ wife. there is nothing in law which keeps united families. it is 'we' the people, who are maintaining the socity, not any silly law or great judiciary. 

thank God all our other family members, paternal / maternal or sisters, still living in joint families inspite daily chorus. we are alone because of my parents died before my attending age of 27. my wife could not forced me to live with her parents , though it was more conveniant for us. Husband should be manly enough and law(?) abiding and wife should cooperate to run family. 

IKGoyal Advocate (Legal)     20 August 2011

If possible, post the copy of the judgment.

victimof bisedlaw (jobless)     20 August 2011

Easy way......

 

As you got married throw out your parents out side the house so you will always safe from Hon'ble 498A and Bharat ratna DV Act.


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