Chhattisgarh High Court Grants Divorce: Husband’s Appeal Succeeds
In a recent judgment by the Chhattisgarh High Court, a husband’s appeal for divorce has been upheld, marking the end of a long legal battle between the spouses. The case, originally heard in the Additional Principal Family Court, involved two appeals against a common judgment.
Background and Legal Proceedings:
The case dates back to a previous judgment in 2010, where the wife’s application for restitution of conjugal rights was dismissed, while the husband’s plea for divorce was allowed. However, on appeal, the High Court remanded the case for fresh consideration. In the recent judgment, both the husband’s application for divorce and the wife’s plea for restitution of conjugal rights were dismissed by the Family Court.
Allegations and Evidence Presented:
The husband accused the wife of cruelty, citing an incident where she allegedly killed their daughter and attempted suicide. The wife, on the other hand, claimed to be assaulted by unidentified individuals, resulting in the death of their child. The court examined a dying declaration by the wife, which though not legally categorized as such, served as corroborative evidence.
Court’s Decision:
After careful consideration of the evidence, the court ruled in favor of the husband, granting him a divorce. Despite the wife’s acquittal in the criminal trial related to the incident, the court found her actions to contribute to a strained marital relationship. Additionally, the court ordered the husband to pay maintenance to the wife, considering his financial means.
Conclusion:
The judgment marks the end of a tumultuous legal battle between the spouses, with the court granting the husband’s appeal for divorce based on evidence of cruelty, despite the wife’s acquittal in the criminal trial.
This summary provides a comprehensive overview of the Chhattisgarh High Court judgment, focusing on the key legal aspects and the court’s decision to grant divorce to the husband.
