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Divorce Petition Allowed by Family Court
Family Court Matter Where Divorce Was Granted After Proving Long Separation and Desertion
Family Court, Surat | Divorce Petition | Judgment Date: 25 February 2024
Case Overview
The marriage between Nimesh Upadhyay and Anisha Upadhyay was solemnized according to Hindu rites and customs in the year 2017. Out of the wedlock, a male child was born.
After some time, matrimonial disputes arose between the parties. The wife started residing at her parental home along with the minor child and did not return to the matrimonial home despite repeated requests and efforts made by the husband.
Several attempts at reconciliation were made by family members and well-wishers, but the parties could not resume cohabitation. The husband contended that the wife had withdrawn from his society without reasonable cause and had remained away from the matrimonial home for a prolonged period.
Arguments Advanced
Advocate Sonal Sharma appeared for the applicant-husband, Nimesh Upadhyay. It was submitted that the husband had always been ready and willing to continue the matrimonial relationship and had made sincere efforts to bring the wife back to the matrimonial home.
It was argued that the wife had left the matrimonial home without any justifiable reason and started residing at her parental home. Repeated efforts for reconciliation were made by the husband and his family members, but the wife did not cooperate.
Legal notices and settlement attempts were also undertaken, but the wife failed to resume matrimonial life. It was submitted that the conduct of the wife clearly established desertion and unwillingness to discharge matrimonial obligations.
Court Findings
After considering the oral and documentary evidence on record, the Family Court observed that both parties had been living separately for a considerable period.
The Court found that the husband had made genuine efforts to restore the matrimonial relationship, whereas the wife had failed to return to the matrimonial home. The Court further held that the evidence produced by the husband sufficiently established the grounds pleaded in the petition.
Final Order
The Family Court accepted the contentions advanced on behalf of the applicant-husband and allowed the divorce petition filed by Nimesh Upadhyay against Anisha Upadhyay.
Result:
The marriage between Nimesh Upadhyay and Anisha Upadhyay was dissolved by a decree of divorce.
Key Legal Point
When one spouse withdraws from the matrimonial relationship without reasonable cause and refuses to resume cohabitation despite genuine reconciliation efforts, the Court may consider such conduct while deciding a divorce petition.
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