The Court has refused a divorced 44-year-old engineer allegedly cruelty and desertion in response to a refusal by his spouse in India, noting that his decision to remain in Canada, where she settled with the couple’s son, is not “unjustified” or “selfish.”
The court reproduced the women’s resume details of her thriving career in a drug company in Canada to observe that the husband might return to his wife, particularly given that it was his idea that better prospects should be found in Canada.
Thus a bench of judges Ujjwal Bhuyan and Prithviraj Chavan refused, under Article13 (1)(ia) (cruelty) and 13(1)(ib) (desertion) of the Hindu Marriage Act 1955, to entertain a husband’s appeal against an order of the Family Court rejecting his petition for the divorce.
The bench also noted that the woman did not give medical certificates to ratify his claims, although she had cited ill health for not joining the wife in Canada. The court finally cited Samar Ghosh Vs. Jaya Ghosh’s judgement in order to note that the relationship between couples had not been so deteriorated that it was impossible to unite the couple.
The bench therefore considered the couple’s marriage not to be so deteriorating that it is irreparable, particularly as their son is still young and could be a link among the couple in order to reunite them again.