Wife Staying Abroad For Career Not ‘Cruelty’ To Husband Or ‘Desertion Of Spouse’

Case: Prakashchandra Joshi vs Kuntal Prakashchandra Joshi and others

Coram: Ujjal Bhuyan & Prithviraj K. Chavan

Case No: Family Court Appeal No.162 Of 2019

Court Observation: “This being the status of the respondent (wife), it would not be justified, in any way, expecting her to return to this country when she is already well settled over there…The desire of the respondent(wife) to settle in Canada is actuated by the fact that it was the appellant (husband) who had first consciously decided to settle in the foreign country. As such, the wish of the respondent cannot be branded as an act of selfishness or the act on her part cannot be said to be unjustified. Thus, in no way, it could be said to be cruelty meted out to the appellant by the deserting spouse,”

“We hope that there is still scope for the couple to restore the bond at least for the sake of their child..,”

“Had it been the intention of the respondent(wife) to sever the marital tie, she would not have allowed the appellant to meet their son. This is an important aspect of the case indicating that neither the respondent treated the appellant with cruelty nor did she desire to desert him,”

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