Man denied divorce despite 2 decades of separation
New Delhi: A man whose wife left him for her
maternal home within a couple of years after marriage over 25
years ago has failed to secure divorce from her on grounds of
cruelty and desertion, with the Delhi High Court noting that
he made no attempt to bring her back.
Upholding the trial court’s order rejecting the divorce
plea of Amar Lala Arora, Justice Kailash Gambhir concurred
with the lower court`s findings about the petitioner?s conduct
towards his wife.
"The appellant (Arora) has also not proved that there was
no consent on his part and his conduct was without blemish so
as to compel the respondent wife to leave the matrimonial
home," the court said while rejecting the man’s argument that
his wife had deserted him just few years after their marriage
in February 1987.
"The learned trial court had observed that the petitioner
lacked the courage to bring back the respondent wife to the
matrimonial home due to the fear of his mother and rightly so
as the minimum which can be expected of the husband and the
family members of the husband is to give due respect to the
wife who enters in a new atmosphere in her matrimonial home,"
said Justice Gambhir while censuring the man`s conduct.
"It cannot be forgotten that a girl leaves behind her
parents, home, hearth, loved ones, friends and memories to
come to a new house with new people and atmosphere to begin a
different phase of life with her better half," he added.
While rejecting Arora`s plea for divorce, the judge said,
"There may be difference in life styles, values and
educational and social background of the new house and it is
the solemn duty of the in-laws to give a friendly, amiable,
affable and harmonious environment to give the daughter-in-law
time and space to be able to adjust and become a part of her
"The girl leaving the cocoon of her parental house should
be welcomed with open arms instead of putting up a hostile
front and treating her like an outsider," the judge said.
Arora had been married to Shashi Bala on February 13,
1987 and a year later the couple was blessed with a daughter
but their marriage failed to last long as the wife left her
matrimonial home, alleging that that her husband treated her
rudely under the influence of his family members.
Arora contended that he along with his parents had gone
to her parental house to bring her back but she had refused to
come back to the matrimonial house with even her parents
supporting her decision.
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