Allahabad HC: Visiting Parents’ Houses Without Husband’s Consent Is Not Cruelty for Divorce

Shivani Thakur

Published on: June 14, 2022 at 15:52 IST

 The Allahabad High Court found that , “The wife’s frequent travels to her parents’ house without her husband’s or other family members’ permission do not amount to desertion or cruelty”.

The Bench of Justices Sunita Agarwal and Krishan Pahal made this observation while allowing an Appeal filed by the Appellant- wife challenging the judgement and order passed by the Additional Principal Judge, Family Court.

According to the Court,  “The Appellant abandoned her husband with the goal of permanently ending cohabitation by leaving her matrimonial home on January 10, 2015 while her husband was away”.

The husband challenged the application under Section 24 of the Hindu Marriage Act on different grounds and refused to provide interim support for his daughter, according to the court.

The Court determined that the Respondent-husband could not prove cruelty from any act of the appellant by presenting any evidence.

The Court ordered the Respondent to pay Rs.30,000/- per month for his daughter’s maintenance.

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