Punjab-Haryana High Court: Court said – refusing to divorce even after two decades is cruelty to the wife, petition approved


The Punjab-Haryana High Court has approved the order of divorce, considering the decision of the wife not to get divorce by mutual consent despite being separated for two decades, as cruelty to the husband. The husband, while filing a petition in the High Court, said that he was married in 1990 in Narnaul and since the marriage, the behavior of the wife towards the petitioner was not right.

The petitioner’s wife was mentally ill and often turned violent. Many times he also attacked the petitioner. Many attempts were made to treat him but to no avail. The petitioner told that his wife did not even cook food for him and many times the petitioner had to sleep on an empty stomach. After that suddenly she left the house and left.

When the petitioner filed a petition for divorce in the family court, there the wife retracted from all these allegations. She rubbished the fact that she was ill and also said that she never attacked her husband and children. The Narnaul court dismissed the petitioner’s petition regarding divorce outright in 2004, after which the petitioner filed an appeal in the High Court.

The High Court tried to reunite the couple through mediation in this case but to no avail. While pronouncing the verdict in this case, the High Court said that the couple has been separated for two decades and in such a situation the chances of survival of this marriage have been exhausted.

Even in such a situation, the wife is refusing to take divorce, which is cruelty to the husband. Allowing the petition for divorce, the High Court ordered the petitioner to provide Rs 10 lakh in lump sum to his wife.

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