The appeal was jointly filed by 29 year old man and his mother from Kandivali, Mumbai. The husband used to give an amount of Rs 5000 monthly as maintenance to his wife and said that he cannot pay anymore and wanted divorce due to his father’s illness. The session’s court here held that a husband cannot desert his partially blind wife just for the sake of attending to his ill father.The...
The appeal was jointly filed by 29 year old man and his mother from Kandivali, Mumbai. The husband used to give an amount of Rs 5000 monthly as maintenance to his wife and said that he cannot pay anymore and wanted divorce due to his father’s illness. The session’s court here held that a husband cannot desert his partially blind wife just for the sake of attending to his ill father.
The couple had a strained relation due to various issues barely two months into their marriage. The wife also stated that she was subjected to domestic violence and her husband had left her in Hyderabad and had joined his parents without informing her in Mumbai. She had also received a divorce notice. Howsoever, the husband claimed that he was compelled to live with his father in Mumbai due to his illness and had asked her wife to join her. Moreover, he refused any allegations of domestic violence and also said that his wife was arrogant and had unreasonable demands.
The court observed, "Instances of illness of old parents usually take place in every family, therefore, it is not proper on the part of the husband to totally ignore his wife. In such circumstances, the submissions of the respondent (wife) that she was deserted by her husband with ulterior motive to finish their matrimonial relationship prima facie find substance. This conduct of appellant no 1 towards his wife, prima facie, brings her case near the probability factor that she was subjected to domestic violence at the hands of the appellants." TOI