Permitting a man to divorce his wife who willfully neglected him for nearly five years, a city court said such a desertion without any reason amounted to cruelty.
The woman had left her husband a year after the marriage.
Additional District Judge M.K. Nagpal declined the woman’s plea for re-union saying the expression of such a desire at the last minute is of no consequence, as it cannot be ignored that a period of more than 5 years has passed since their separation.
Laviral Kalra (name changed), a resident of Hari Nagar, married Aashi (name changed) in November 2000. Kalra alleged his wife deserted him a year after their marriage and refused to live with him.
Prabhjit Jauhar, counsel for Kalra, submitted in court: “Mandatory two years of desertion period got over. Now she wants to re-join the company of her husband. It’s merely an eye wash.”
The court noted that Kalra was never accused of any wrong doing leading to separation with his wife.
“The woman has not filed any police complaint till date alleging any criminal acts or cruelties on the part of the petitioner (husband) or any of his family members, nor she had ever initiated any legal steps to rejoin her matrimony,” said the judge.
Jauhar said Kalra was entitled to divorce because of cruelty and desertion committed by his wife under the Hindu Marriage Act.
Aashi, in person, said she was willing to join her husband and the court should not dissolve the marriage.
The court noted that there was sufficient material on record stating that Kalra tried to mend the differences but his wife refused to respond.
The court ordered immediate dissolution of the couple’s marriage.