Ahmedabad, June 27 (SocialNews.XYZ) The Gujarat High Court has dismissed a woman's appeal against a divorce granted in favour of her husband on grounds of cruelty and desertion. The court ordered the husband to pay Rs 15 lakh as permanent alimony to the wife for the well-being of their child, who is residing with the mother.
A division bench comprising Justice Ashutosh Shastri and Justice Divyesh A. Joshi observed that the couple had been living separately for over eight years, reaching a point of no return in their relationship.
Considering the allegations and counter-allegations levelled by both parties, the court concluded that reconciliation was no longer possible, leading to the dismissal of the appeal.
The couple tied the knot in 2009 and had a child in 2011. In 2015, the husband filed a family suit seeking divorce under the Hindu Marriage Act, citing cruelty and desertion. The divorce was granted in 2017, but the woman challenged the decision in the high court.
The woman's advocate, P.P. Majmudar, argued that the lower court's judgment was erroneous and disregarded crucial evidence. He contended that the allegations made by both parties canceled each other out, making it unjust to grant divorce based solely on claims of cruelty and desertion. Majmudar also highlighted that the wife was forced to leave their home due to harassment by the husband's family.
On the other hand, advocate Abhishek Mehta, representing the husband, defended the Family Court's decision, emphasizing the wife's unsuitable behavior throughout the marriage. He presented instances of alleged cruelty to support his argument.
The high court bench noted that the parties had been living separately since August 2014 and agreed with the Family Court's conclusion of cruelty and desertion. The court determined that the marriage had irretrievably broken down, leading to the dismissal of the wife's appeal.
<
p dir="ltr">However, the court also took into account the financial status of the husband and the future of their child, emphasizing the need for the husband to pay Rs 15 lakh as permanent alimony for the child's welfare.
Source: IANS
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