My husband has filed a divorce case against me, but he is the real culprit behind the filing of that civil suit for the divorce. I went to my parental house when my father got injured in a road accident. Soon after I returned back to my matrimonial home but when my father's health deteriorated and once again, he admitted to the hospital, I went to my paternal home for taking care of my father because I am the only child. My son was also live with me, my husband thereafter not willing to live with me. he does not want to take me back and created hindrance since past three years. After three years, he filed a civil suit for the divorce.
Your husband has no right to seek divorce on the ground of desertion if he has deliberately obstructed you to return to your matrimonial home. The facts of your case are suggesting that your husband does not want to live with you, he wants to achieve his goal in the pretext of your compulsion to take care of your father.
In Smt. Tejendra Kaur v. Jogendra Singh reported in 2000 (4) AWC 3137 the Allahabad High Court has opined that if the wife is prepared to live with the husband and if husband is not ready to take her back and if there is no material evidence to support acquisition about the wife treating the husband with cruelty, decree for divorce granted by the Family Court, is to be set aside.
Your husband has no evidence to prove that you have deserted him. In this situation you should collect evidence to prove that whenever you desired to come back your husband either refused or created hinderances. This will assist the court to form an opinion that wife is willing to perform her matrimonial duties, but husband has not allowed her to do so.
In Rishikesh Sharma v. Saroj Sharma reported in 2007 (1) AWC 760(SC), in the case of Samar Ghosh v. Jaya Ghosh reported in 2007 (5) AWC 4820(SC) the Supreme Court has held that marriage in our Hindu society is said to be sacrosanct and is treated with sense of social security specially to the women. For this reason, Apex Court, gave emphasis that stress should always be on preserving the institution of marriage.
You should contest the divorce case and produce evidence which tend to prove the guilt of your husband in living apart for three years.
