Appeal for Divorce Dismissed: Husband Fails to Prove Cruelty or Desertion.
30 April 2024
Divorce Law >> Family Law | Domestic Violence >> Family Law
High Court of Madras dismissed a husband's appeal for divorce, upholding the lower court's decision. The husband (Appellant) had accused his wife (Respondent) of cruelty and desertion.
The couple got married in 1993 and had a child in 1994. The husband claimed the wife refused to live with him after childbirth and filed a false dowry harassment complaint against him. He also argued that the wife insisted on a separate living arrangement, leading to their separation for nearly 20 years.
The wife, however, contended that the husband deserted her without reason. She testified to her willingness to reconcile and explained that the police complaint was filed with the intention of reuniting, not out of cruelty.
The court found the husband's claims unsubstantiated. He lacked evidence to support the alleged dowry complaint, and the wife's testimony regarding her efforts for reconciliation appeared credible.
The court concluded that the husband failed to establish the grounds for divorce – cruelty and desertion. With the appeal dismissed, the couple remains married.