Marriages don’t seem to be made in heaven anymore. In fact, thanks to matrimonial sites, a husband was able to secure divorce from his estranged wife, who left her matrimonial home and alleged false charges on him and his family.
The Bombay high court’s Nagpur bench has granted divorce to an Aurangabad man after his estranged wife uploaded her profile on two matrimonial websites for a second marriage even as their divorce proceedings were pending before a family court at Akola. In her profile, the woman declared she was “awaiting divorce.”
Case:
The couple got married in July 2014 and began living in Panjim, where the husband was posted at that time. But soon the woman started complaining she was uncomfortable in Panjim and insisted her husband give up his job and shift to Akola.
The husband refused and this led to discord and about nine months after their wedding, in April 2015, the wife left Panjim to prepare for a competitive examination. She later took away all her personal belongings, prompting the husband to move the family court at Akola for divorce, reported Hindustan Times.
Family Court:
On December 7, 2020, the family court dismissed the husband’s petition for divorce but granted him judicial separation on the ground of cruelty. The husband moved the high court, which on Friday granted him the divorce.
Bombay High Court Nagpur Bench
A division bench of Justices AS Chandurkar and GA Sanap took note of the woman’s latest matrimonial profiles, and remarked that uploading of the profile was a clear indication that she has “decided to get rid of her estranged husband” and remarry even before the family could decide on their divorce.
It noted in the profile, she has stated she is awaiting the divorce. The court said,
In our opinion, the respondent (wife) by uploading her profile on two matrimonial websites made her intention writ large. On the basis of this document, it can be inferred that she wanted to get rid of the appellant and perform the second marriage.
False Dowry Harassment Claims By Wife
The high court refused to believe the woman’s counterclaims that she was harassed for failing to meet dowry demands and was eventually driven out. It said the conduct of the woman was inconsistent with the facts stated by her – that as an obedient wife and daughter-in-law she performed her duties sincerely, but her husband and in-laws did not like her and wanted to get rid of her.
Divorce Granted
The high court bench said the evidence clearly indicates the woman had no wish and desire to remain with her husband. The bench remarked,
If the respondent had a sincere wish and desire to save her marriage, she would not have taken a conscious decision to perform the second marriage even before the final outcome of the divorce petition.
The high court noted the woman lodged complaints with Panjim and Akola police as well as the employer of her husband. It added she levelled unsupported allegations against him. The court held the woman made the life of her husband miserable and therefore he was entitled to divorce also on that ground.
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