NAGPUR: The family court, coming down heavily on a woman for leaving her husband when he was critically ill, rejected her case for divorce on the ground of cruelty. The court tersely observed that the wife's conduct is a serious jolt to the institution of marriage.
"The relationship of the marriage casts some obligation and duties on both partners and, in difficult times, both have to support each other. One of the most important invariable consequences of marriage is reciprocal support and responsibility of maintenance of common household, jointly and severally," judge
Subhash Kafre said.
The couple entered into a wedlock on April 22, 2010, but the wife left for her parental home with a minor daughter just two months after the husband suffered a paralysis attack on April 6, 2012.
The court pulled her up for leaving husband's company when he needed her the most as he was recuperating on the bed. "Despite being equal partners in matrimony, she left him alone in his grief. In marriage, they've to share their happiness and sorrows together."
Deliberating further on the institution of marriage,
Kafre said it has a great legal significance and various obligations and duties flow out of marital relationship, as per law, in the matter of inheritance of property, and successionship.
"Marriage involves legal requirements of formality, publicity, exclusivity, and all the legal consequences flow out of that relationship. Sharing a common household and duty to live together form part of the 'Consortium Omnis Vitae' which obliges spouses to live together, afford each other's reasonable marital privileges and rights and be honest and faithful to each other."
The wife, however, citing the reason behind her decision to seek divorce, alleged that in-laws misled her that the husband was in service and his friend's house was shown as theirs, prior to the marriage. But the court rejected her claim saying no importance can be given to such story after two and half years of the marriage. "The petitioner cohabited with the respondent for about two years and even gave birth to a female child. In the entire petition, she made omnibus, vague and ambiguous allegations regarding the mental and physical cruelty without any specific instances."
The judge said that to claim divorce under the ground of desertion, it's necessary for the spouse to
prove factum of separation and partner's intention to bring the cohabitation to an end permanently. "The husband always intending to continue the marital ties. But the wife failed to establish that she was deserted for two years and also being treated with mental and
physical cruelty. Evidence adduced by her didn't pass the credibility test and she also failed to make efforts to resume cohabitation with the husband," the court ruled, before dismissing her plea.
