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2023-Nov-06
The Delhi High Court has dismissed the appeal preferred by the wife against the order of the family court granting divorce to the husband on the ground of cruelty and desertion by her under Section 13 (1)(ia) and (ib) of Hindu Marriage Act, 1955.
The High Court observed that:
“There may be myriad situations such as differences with the in-laws, her own work commitments or difference of opinion which may make her demand for separate accommodation justified for survival of the marriage. Where there exist certain justifiable reasons, claim for a separate residence per se cannot be termed as an act of cruelty,”
The Court further observed that:
“The matrimonial relationship needs nurturing, care, compassion, cooperation and adjustments before it can bloom into a full conjugal relationship. Here is a case where barely in three months the appellant decided to walk out of the matrimonial home. None of the grounds as claimed by her have been proved by any evidence whatsoever,”
“We find no merit in the appeal, which along with the pending applications, if any, is hereby dismissed,”
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