In a unique case from Gujrat, a woman who now resides in the US.
She has been living in America separately from her husband for the past 10-years, while the couple’s 10 years old son is living with his maternal grandmother due to the dispute between the couple. She has given power of attorney to her brother, to fight for her maintenance case in India.
As the woman was avoiding all her responsibilities, the high court observed that the woman was only interested in demanding maintenance from her husband. The court questioned as to what kind of relationship this had been reduced to.
Expressing grief over the condition of the couple’s 10-year-old son, the High Court suggested that the woman should come back and take one time settlement for the sake of their minor child and end the marriage once and for all. However, her brother informed the court that his sister had been living in the US illegally for 10-years. Even when the husband had requested her to return, she refused to do so, and also does not want to consent for divorce.
After hearing this, the high court said they the behaviour of the woman was completely unreasonable, and instead she approached court to push the husband to pay her maintenance in the matter.
The husband even said that his estranged wife was not willing to take their son to the US with her, nor giving him custody. On this, the high court remarked that in case this continues further, the custody of the son will be handed over to the father.