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SOCIETY
Reluctance
to stay with less-earning husband can lead to divorce
New Delhi: Here
is some good news for those husbands who earn less
than their wives and have to suffer in various ways,
including keeping a distance from their wives. The
Supreme Court has now passed an order that a wife's
refusal to stay with a less-earning husband can be
sufficient grounds for the latter to file for divorce.
The apex court has opined that abandoning a marriage
on monetary grounds alone is not justified. The court's
decision came during the hearing of a case in which
a husband had sought to divorce his wife on grounds
of desertion after his wife had refused to stay with
him as she was earning Rs. 7000 while the husband
was earning just Rs. 1400. The couple had got married
in 1992, but in 1993, the bride, who was working as
a teacher in Bhuj, refused to leave her job to join
her husband at Mumbai. Interestingly, the bride said
she would join him if he starts earning at least Rs
5,000 per month. Irked by his wife's adamant demand,
the husband approached the courts for redress and
divorce, which was first granted by the Gujarat High
Court. "In the facts and circumstances of the case,
it cannot be said that this desertion on the part
of the wife was with a reasonable cause. It amounted
to wilful neglect of the husband by the wife as monetary
consideration alone could not be considered as a reasonable
cause to desert," the bench said. The court pulled
up the wife, saying there had been no attempt by her
to stay with her husband, though she knew of his earnings
prior to the marriage.
-Oct
3, 2005
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