The Nagpur Bench of Bombay High Court has allowed a man’s petition for divorce on grounds of cruelty and desertion. The court observed,
No husband would file a complaint at the police station against wife unless he’s really fed up with her.
The matter was being heard by a division bench comprising Justices Atul Chandurkar and Pushpa Ganediwala who upheld the Nagpur family court’s verdict of granting divorce to a Mhalgi Nagar resident on the basis of cruelty. The bench said,
In usual course, for normal wear and tear in matrimonial life, no husband would approach the police station against wife. Evidently, the object was not to involve her in a criminal case, but to give her understanding. It appears the circumstances were beyond his control and, therefore, he was constrained to approach the police station.
The wife challenged the trial court’s verdict, however, the high court not only dismissed her plea filed under the Hindu Marriage Act, 1955, but also another case for enhancing maintenance under Section 125 of Criminal Procedure Code (CrPC), as reported by TOI.
Despite family court granting divorce, the man stayed with wife for two years. Eventually, due to continuous ill-treatment, the man had to shift from his house and stay in a rented place. The judges observed,
The inevitable conclusion is that the wife’s behaviour is such that the husband can’t be reasonably expected to live with her. It’s proved that instances of cruelty brought on record by the husband aren’t mere ‘ordinary wear and tear of a married life.
The couple got married on May 5, 1999, and has two daughters. Troubles started after the wife suspected the man of having an extramarital affair with his office colleague. She used to visit his office, create scenes and use abusive language. At home, she used to humiliate him in front of their adolescent daughters. She once left the matrimonial home and agreed to cohabit only after counselling by the women’s counselling cell of the police.
The husband even purchased a plot and constructed a house by taking home loan. He even transferred its ownership in her name as a gift deed to prove his loyalty, but she continued to suspect his fidelity forcing him to approach the family court for divorce. After the court dissolved their marriage on the basis of cruelty, the wife moved high court.
Justices Chandurkar and Ganediwala ruled that the wife’s continuous doubting his fidelity amounted to cruelty. The bench concluded,
Wife couldn’t prove her allegations with regard to demand for dowry and ill-treatment. On the contrary, the husband himself had to leave his own house fed up with her misbehaviour.
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