BHOPAL: Observing that ordering an estranged couple, who has been living apart for over past 17 years would amount to cruelty by itself, MP high court dismissed the wife's petition for restitution of conjugal rights.
According to the facts of the case Reena and Rakesh (names changed) were married in November 1996 but began to live separately within a year. Reena gave birth to a son in 1997 but it did not make any difference to the souring relationship between them. She refused to join the husband despite repeated requests from him and his family.
Later in 2002 she filed for restitution of conjugal rights and in retaliation, the husband applied for divorce quoting her indifference over the years as a ground. The lower court, in 2007, dismissed her petition while allowing the other one demanding grant of a divorce and thereafter the wife filed an appeal.
Pleading before the high court the counsel said that out of 17 years of marriage the couple had hardly stayed together for a year. The wife never bothered to come to her marital home in Jabalpur and continued to live in Rewa even at a time when the husband was critically ill. Coming together after such a long period of separation would be pointless.
The high court conceded the marriage between the couple was dead for all practical purposes and refused to interfere with the judgment of the lower court.
Original NEWS Source:- http://timesofindia.indiatimes.com/city/bhopal/HCs-no-to-woman-seeking-restoration-of-conjugal-rights/articleshow/27639104.cms?intenttarget=no
According to the facts of the case Reena and Rakesh (names changed) were married in November 1996 but began to live separately within a year. Reena gave birth to a son in 1997 but it did not make any difference to the souring relationship between them. She refused to join the husband despite repeated requests from him and his family.
Later in 2002 she filed for restitution of conjugal rights and in retaliation, the husband applied for divorce quoting her indifference over the years as a ground. The lower court, in 2007, dismissed her petition while allowing the other one demanding grant of a divorce and thereafter the wife filed an appeal.
Pleading before the high court the counsel said that out of 17 years of marriage the couple had hardly stayed together for a year. The wife never bothered to come to her marital home in Jabalpur and continued to live in Rewa even at a time when the husband was critically ill. Coming together after such a long period of separation would be pointless.
The high court conceded the marriage between the couple was dead for all practical purposes and refused to interfere with the judgment of the lower court.
Original NEWS Source:- http://timesofindia.indiatimes.com/city/bhopal/HCs-no-to-woman-seeking-restoration-of-conjugal-rights/articleshow/27639104.cms?intenttarget=no
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