BOMBAY HC - WIFE STAYING ABROAD FOR CAREER AND BETTER FUTURE, NOT A GROUND FOR DIVORCE

The Bombay HC recently refused to grant a divorce to a 44 year-old-man on the ground of cruelty and desertion by his Wife. The bench of Justices Ujjwal Bhuyan and Prithviraj Chavan refused to grant a divorce after observing that the Wife's decision to settle in Canada with their son is neither 'selfish' nor 'unjustifiable since it was the husband's idea to settle in Canada for a better future. The court noted the wife's flourishing career in Canada in a Pharmaceutical company.

The bench refused to entertain the appeal against a Family Court's order, where the family court dismissed the husband's petition u/s 13 of the Hindu Marriage Act.

FACTS

Marriage between the appellant and the respondent was solemnized in 2004. The appellant and the respondent are overseas citizens of Canada. They are Indian citizens by birth; however, they acquired citizenship of Canada and thus, have dual citizenship of India and Canada. However, in 2009 the appellant met with a car accident in Canada. Meanwhile, the couple gave birth to their first child. In 2011, The appellant started experiencing medical problems due to which the appellant lost his job resulting in a financial burden upon the respondent. It is the contention of the appellant that they decided to return to India permanently due to such a situation.

A month after their return, the wife wanted to go back to Canada and eventually left with their son.

HELD

The bench held that their relationship had not reached such a level that it is beyond repair and especially when their son is young and could be a bond to reunite the couple.

Author: Papiha Ghoshal