Wife Wishing To Stay Abroad For A Career Would Not Amount To Cruelty And Desertion: Bombay HC

Background

• The couple got married in 2004 after having spent eight years in courtship.
• The husband shifted to Canada in 2003. Later his wife joined him on a spousal visa.
• In 2009, the husband had met with a car accident after which his wife nursed him back to health.
• The following year they had their first child. In addition, in 2010, Canada had a recession, because of which the husband lost his job, putting the wife in a financial bind.
• Husband started suffering from back and shoulder pain and a skin allergy. Therefore, they then decided to return to India.
• A month after their return to India, the Husband alleged that the wife left for her parent’s house and later expressed the desire to move back to Canada with her son.
• The husband approached the court for restitution of conjugal rights but, his wife failed to appear in the proceedings. So he eventually filed for divorce.
• The divorce case was ruled ex parte and dismissed. The husband's pleas and evidence were vague, according to the Family Court judge.

Court's Observations

• Even at the High Court, the petition was uncontested but, the Court did not grant relief to the husband.
• The court also stated that there were no medical records to show that the husband was unable to join his wife due to health issues.
• The court refused to trust the husband's claims that he had visited Canada twice, but his wife refused to meet him and only permitted him to meet his son when he agreed not to inform the child that he was the father.
• The bench concluded that the couple's marriage has not deteriorated to the point where it is permanently broken, especially given their son is still young and could serve as a bridge to bring them back together.

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