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If the wife does not want to live with the mother-in-law, can the husband get a divorce? The High Court gave an important judgment

Chandigarh: Differences often arise between husband and wife regarding living in a joint family. However, if the wife is not ready to live with her in-laws, can the husband seek divorce? In one such case, the Punjab-Haryana High Court has given an important judgment. In this case, the wife forced the husband to live separately from his parents. However, as her husband clearly refused for her, she went to her pier. The husband also produced strong evidence in the court. By which it was proved that the wife was constantly bothering him to stay apart. In this case, the husband was a doctor by profession, who was being forced by the wife to open a dispensary near her pier.

The husband tried several times, but the wife refused

The husband also argued in the court that he made several attempts to convince the wife, but in vain. Even when the wife gave birth to a son in Pierre, the husband went to meet her. At that time he requested his wife’s parents to send her back to her in-laws. However, the girl’s parents had clearly refused for it. His condition was that the girl would come back only if he took a different house for her. On the other hand, the estranged wife had also filed a false case against her husband and in-laws. However, he was later acquitted. This matter was also noted by the High Court in the hearing of the divorce case.

The family court granted the divorce in 2015

The family court of Jalandhar on 15 October 2015 granted the husband’s divorce petition and gave a judgment in her favour. However, the girl challenged the lower court verdict in the high court. The High Court, after hearing the arguments of both the parties, accepted the judgment of the family court. Justice Manisha Batra and Justice Ritu Bahri in the judgment said that if the wife is not ready to live with her in-laws, then the husband has the right to divorce her. The man and woman who are divorced in this case were married in November 1990. After marriage, they lived in a joint family, but later the woman insisted on living separately.

Risaman left in 1992 when she was pregnant

The woman’s husband was practicing in a village in Himachal Pradesh, but the wife wanted him to shift to her pier i.e. Jalandhar. In 1992, when the woman was pregnant, Risai went to her pier insisting on separation. She gave birth to a son in Pierre. At that time, her husband and mother-in-law went to the woman’s house with clothes, gifts and sweets for the child according to custom. He requested the woman’s parents to send her back to her in-laws. However, the woman’s parents were adamant about getting a separate house.

In 1996, Mahila returned, but the fights started again

The woman finally returned from Risamane in 1996 with the efforts of her husband’s family. However, within a short time, she again started forcing her husband to live separately. As her husband was not ready for her, she again went to her pier. The wife had also filed a domestic violence case against her husband and in-laws. But as he was not present in a single hearing of the case, eventually the husband and in-laws were acquitted by the court. On the other hand, the husband applied for divorce and in 2015 the family court of Jalandhar allowed it.

Divorce after 33 years of marriage

When the wife challenged the judgment of the family court in the High Court, it also accepted the judgment of the lower court. Making an important comment, the court also said that in this case, the husband and wife have been living separately for years. There is no possibility of reconciliation between them now. Apart from this, the High Court also upheld the arguments of the husband and ruled in his favour. Thus, a couple who got married 22 years ago could live together as husband and wife for barely two to four years, but the husband had to wait for years to get legally divorced.

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