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Wife not ‘eating out’ is no ground for divorce: HC

Upholding the order of a trial court, the high court has dismissed the plea of a man who was seeking divorce on the grounds of a difference in lifestyle between his wife and him.

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Upholding the order of a trial court, the high court has dismissed the plea of a man who was seeking divorce on the grounds of a difference in lifestyle between his wife and him. Ravi Ram (name changed) had argued that his wife was conservative and never ate outside the house.

The couple have been living separately for 12 years.
Ram had challenged the dismissal of the decree of divorce under section 13(1) (i-a) and (i-b) of the Hindu Marriage Act by the family court in Mysore. Ram had got married to Saritha in Mysore in January 2000. Saritha delivered a baby girl in December 2000. Ram alleged that Saritha did not return to her matrimonial house three months after giving birth and remained with her parents in Nanjungund. Hence, he filed for divorce.

Ram said that as long as Saritha had lived with him, she never ate outside the house. She had conservative views and followed them.

He said Saritha did not allow him access to his daughter when he tried to visit her at her maternal home. Ram alleged that Saritha had threatened to lodge a complaint against him for trying to kidnap their daughter, and also started harassing him. All this caused Ram loss of sleep and loss of interest in avocation and livelihood.

In her statement of objections, Saritha said that Ram and his mother had refused to allow her and the baby into the home since they were unhappy that Saritha had given birth to a girl child.

Saritha said that Ram had extracted money from her for purchasing a scooter and other needs. He had not come to see the baby even when she underwent two surgeries in 2004. Saritha said she had not approached a court for the restitution of conjugal rights since she hailed from a traditional family. She also said that she had been making efforts to join Ram.
Ram had filed an appeal in the high court after the trial court rejected his plea in August 2009.

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