Delhi High Court upholds divorce of retired IPS officer

December 18th, 2008 - 11:20 pm ICT by IANS  

New Delhi, Dec 18 (IANS) The Delhi High Court Thursday upheld the divorce granted to an 82-year-old retired Indian Police Service (IPS) officer after his wife deserted him some 40 years ago. Dismissing an appeal filed by wife Vimla Balani, 70, challenging the divorce granted by a family court last year in favour of Jai Kishan Balani, a 1953 batch IPS officer, Justice V.B. Gupta upheld the lower court’s observation that “the marriage has been broken down irretrievably”.

“Since the marriage has been broken down irretrievably and the husband has fully established his case with regard to the cruelty and desertion, the present appeal (filed by the wife) is liable to be dismissed,” said Justice Gupta in his verdict.

The court also dismissed an application of Vimla that she was suffering from breast cancer and her husband had failed to provide any assistance to her due to their marital discord.

The court had directed the Central Government Health Services (CGHS) several times to immediately provide life saving drugs till the disposal of this application.

Vimla, who claimed she had been taking the anti-cancer drug at least once in a year, alleged that her husband did not take any steps to see that she gets medical facility through his CGHS cover despite the court’s order.

While dismissing this application, the court said since the appeal is dismissed, her application seeking direction to her husband to provide her drugs is also dismissed.

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