The Chhattisgarh High court has said that the husband keeps another woman with him in the house and wife leaves the house,then it can not be considered as abandonment. Nor can the husband obtain divorce on the basis it.
According to the case,25 years ago,Uttam Ram was married with Kayaso . After a few years of marriage, Uttam Ram kept another woman in the house. Angered by this act of the husband, the wife went to her maternal home. The angry husband presented the case of divorce in the Mahendragarh family court. The husband argued in the family court that the wife had abandoned him and the house He wrote in the divorce petition that his family has also been affected. Because of this he has the right to get divorce. The family court disagreed with the arguments made by the husband and rejected his divorce petition.
The husband Uttam Ram challenged the dismissal of the divorce petition by the family court in the High Court.
A division bench of Justice Gautam Bhaduri and Justice Rajni Dubey heard the matter. The court said that the wife has left the house because of another woman. It is not abandonment, the circumstances under which the wife left the house were correct. By keeping another woman in the house, the husband has forced the wife to leave the house. After hearing the arguments of both the sides, the court observed that in the case of a married husband and wife, in this circumstances, the case of abandonment at home does not arise. The bench dismissed the appeal filed by the husband and upheld the family court decision.
