A court in Gandhinagar district in Gujarat rejected a divorce petition filed by a 30-year-old man, noting that filing matrimonial cases by wife cannot be termed as cruelty and that divorce cannot be granted on the grounds that a woman continues with cases against her husband.
The couple who belong to Chandkheda region, got married in June 2015. Later in the year 2017, the husband filed for divorce in the court of a senior civil judge in Gandhinagar, alleging cruelty by wife.
Allegations by Husband
The man accused his wife of not willing to adjust with her in-laws and constantly arguing with his elderly parents. He also alleged that she pushed for abortion when she became pregnant in 2016.
Allegations by Wife
As a counter, the wife claimed that her in-laws forced her into terminating pregnancy.
The husband expressed that due to multiple lawsuits filed by his wife, his family and himself had been tormented and that they also suffered financial losses during the same.
Husband said that his wife had filed a police complaint with the Chandkheda police station, another with the Ahmedabad Family Court, a Domestic Violence case at a magistrate’s court in Gandhinagar which even ordered him to pay her maintenance. Later, the woman also filed a second request to recover the maintenance amount.
The court dismissed the allegations by husband noting that there was no evidence with regards to his wife’s behavioural issues, and thus his claims could not be substantiated, reported TOI.
After hearing the matter, the court dismissed the divorce petition and said,
Merely filing of domestic violence application and maintenance application (which she is legally entitled to do) and in which she has succeeded to prove her case cannot be termed as cruelty.
Author: Shreya Bhandari is a 3rd year Bachelors of Journalism student and currently working as an intern with MDO.
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