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Jabalpur, June 21 (HS). The Madhya Pradesh High Court said that not establishing physical relations is cruelty to the husband. The division bench of the High Court's Acting Chief Justice Sheel Nagu and Justice Amarnath Kesharwani, with the above comment, termed the divorce order passed by the Family Court as appropriate and dismissed the appeal filed by the wife.
The High Court's division bench also said in its order that both the husband and wife have been living separately for the last several years. If the separation between the couple continues for a long time, then in that situation, if one of them files a divorce petition, then it is decided that the marriage has broken down.
This is the whole matter
In fact, a woman resident of Sidhi had filed an appeal in the High Court challenging the divorce order issued by the Family Court, Satna. During the hearing of the appeal, the division bench found that the marriage of both the parties was solemnized on May 26, 2013 as per Hindu customs. Just three days after the marriage, the brother of the applicant took her away from her in-laws' house to take her to the examination. When her in-laws went to take her, she refused to come.
Both have signed the divorce agreement. After this, the applicant woman filed a case of domestic violence against her husband. After which the non-applicant husband applied for divorce in the Family Court Satna under the Hindu Marriage Act. After hearing both the parties, the Family Court accepted the application and issued a divorce decree on August 17, 2021. It was argued on behalf of the non-applicant husband that after marriage, the applicant stayed at her in-laws' house for only three days. During this time, physical relations were not established between them.
The applicant woman said that she did not like him. She had married him under pressure from her family. After staying at her in-laws' house for three days, she left with her brothers and never returned. An attempt was made by her in-laws to bring her back. Apart from this, the woman has filed a false report against him under the dowry act and domestic violence. After hearing, the division bench dismissed the appeal with the above order, justifying the order passed by the family court.
