PRAKASHCHANDRA JOSHI Vs. KUNTAL PRAKASHCHANDRA JOSHI

JUDGEMENT

(1.) Leave granted.

(2.) The instant appeal is directed against the judgment and order impugned dtd. 24/6/2021 passed by the High Court of Judicature at Bombay in Family Court Appeal No. 162 of 2019 whereby the High Court, while affirming the order of the Family Court, dismissed the appeal seeking dissolution of marriage by a decree of divorce.

(3.) The facts in brief are that the marriage between the appellant and respondent was solemnized on 5/1/2004 as per the rituals of Hindu religion after having spent eight years in courtship. They are Indian citizens by birth. However, they acquired citizenship of Canada for financial gain and were living a normal and happy matrimonial life in Canada. A male child was born from the wedlock on 21/5/2010. In the year 2011, the appellant started experiencing medical problems namely, constant back and shoulder pain as well as skin related problems, especially during summer due to rag weed allergy resulting into sleepless nights and miserable days. During the period of recession in Canada, the appellant lost his job and the couple along with the minor child returned to India on 29/1/2011. The respondent after wilfully staying at her matrimonial home, joined her parental house on 20/2/2011. After some time, when the appellant asked the respondent to resume cohabitation, the respondent did not pay any heed and refused to join the company of the appellant. The respondent was interested in returning to Canada for a better future. The appellant, however, expressed his unwillingness to shift to Canada owing to his health issues. Various attempts were made by the family of the parties to resolve the matrimonial discord between them but to no avail. The respondent left for Canada with her son. Thereafter, the appellant tried to contact the respondent either through e-mail or by other modes requesting her to come and cohabit with him. It was neither responded to nor complied with.