A husband, who cited denial of sex as one of the grounds for seeking divorce, has been granted separation by the Delhi High Court.
Justice Kailash Gambhir took note of the fact that the wife left the husband in 2005 and "did not return to fulfill any of her matrimonial obligations" while allowing a decree for separation filed by the husband Rampal (name changed).
"Had there been any intention of the wife to resume cohabitation with the husband then at least she would have come forward to contest the divorce petition... her conduct gives sufficient grounds to construe the necessary intention on her part to bring cohabitation permanently to an end," Justice Gambhir observed in his order.
Rampal, through his lawyer Prabhjit Jauhar, had appealed against the decision of a lower court to decline a divorce decree to him, despite his claim that refusal of sex by his wife amounted to mental cruelty.
In his plea to HC, the husband narrated how marriage between the couple was solemnized in 1990 but no child was born out of the wedlock. He alleged that his wife was cruel to him from the very beginning and didn't fulfill her matrimonial obligations by refusing to have sex with him. Moreover, he pointed out in his plea that his wife deserted him in 2005 and never returned. This made Rampal seek divorce on the grounds of cruelty and desertion, which was however dismissed by the lower court.
It was also brought to the attention of the HC that the feuding couple had initially agreed to seek divorce by mutual consent, which was duly signed by the wife but then she refused to appear before the court to pursue the proceedings. Later, in a similar manner the wife also ignored divorce proceedings in HC, choosing not to state her version of events.
Justice Kailash Gambhir took note of the fact that the wife left the husband in 2005 and "did not return to fulfill any of her matrimonial obligations" while allowing a decree for separation filed by the husband Rampal (name changed).
"Had there been any intention of the wife to resume cohabitation with the husband then at least she would have come forward to contest the divorce petition... her conduct gives sufficient grounds to construe the necessary intention on her part to bring cohabitation permanently to an end," Justice Gambhir observed in his order.
Rampal, through his lawyer Prabhjit Jauhar, had appealed against the decision of a lower court to decline a divorce decree to him, despite his claim that refusal of sex by his wife amounted to mental cruelty.
In his plea to HC, the husband narrated how marriage between the couple was solemnized in 1990 but no child was born out of the wedlock. He alleged that his wife was cruel to him from the very beginning and didn't fulfill her matrimonial obligations by refusing to have sex with him. Moreover, he pointed out in his plea that his wife deserted him in 2005 and never returned. This made Rampal seek divorce on the grounds of cruelty and desertion, which was however dismissed by the lower court.
It was also brought to the attention of the HC that the feuding couple had initially agreed to seek divorce by mutual consent, which was duly signed by the wife but then she refused to appear before the court to pursue the proceedings. Later, in a similar manner the wife also ignored divorce proceedings in HC, choosing not to state her version of events.
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