Art.4(8) Law Of Divorce | Wife's refusal to live with husband and her lover does not mean she freely consented to separation: Bombay High Court
Husband pressuring his wife to live in the house where he lives with his lover is sufficient reason for her to live separately. This separation cannot be considered as the wife's free consent to separation, giving the husband a ground to seek divorce under the law of divorce (Divorce Act, 1910), the Bombay High Court in Goa recently ruled.
Single Judge Justice Makrand Karanik noted that in this case, the husband claimed that his wife abandoned him and refused to enter into marital relationship in May 1993, which was within a year of their marriage which was registered in November 1992.
Case Title: Arshad Khalifa vs Gulzar Khalifa (Second Appeal 29/2024)
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