The Bombay High Court in its order dated October 12, 2022 dismissed an appeal filed by the appellant/wife challenging family court’s decision to grant divorce decree to her husband.
The High Court stated that a wife making unsubstantiated allegations against her husband in a court labelling him as an ‘alcoholic’ and a ‘womanizer’ amounts to cruelty.
Case:
Husband was a retired Army Major and this was his second marriage. The respondent deposed that the wife had approached the members of the institution where he was doing social work and accused him of being an alcoholic and a womaniser. He further said that the petitioner-wife had separated him from his children and grandchildren.
It was the respondent’s case that the petitioner had caused him mental agony by making false and defamatory allegations against him. The husband had filed a petition seeking decree of divorce on the ground of cruelty in the year 2002.
The Family Court dissolved the marriage by a decree of divorce under Section 13 of Hindu Marriage Act in the year 2004 on grounds of cruelty by wife.
However, the appellant wife contented that the family court erred in granting divorce on the grounds of cruelty. She argued that in the previous round of litigation between the parties in 2002, same allegations were made by the appellant and it did not amount to cruelty.
Subsequently, wife filed a petition for restitution of conjugal rights before the Family Court.
Husband’s Response
The respondent/husband filed his reply and a counter claim seeking divorce.
Wife’s Defense
The wife in her reply to the counter claim alleged that the respondent is an alcoholic, a womanizer, and used to physically and mentally harass the petitioner.
READ JUDGEMENT | Wife Cannot Be Granted Access To Shared Matrimonial Household If She Left Home Before Divorce: Bombay High Court Aurangabad Bench
Family Court
The family court dismissed the appellant’s petition and granted the divorce decree. The wife then approached the High Court.
Shockingly, the husband has already passed away in the interim during the pendency of the appeal, and his legal heir is representing the matter on his behalf.
Bombay High Court
A division bench of Justice Nitin Jamdarand Justice Sharmila U Deshmukh initially noted the allegations made by the wife with regards to being an alcoholic and womaniser and came to the conclusion that wife’s sister did not corroborate her case and only testified that the man used to consume liquor.
The court said that there is no evidence produced by the wife to prove her allegations and thus remarked,
The petitioner has alleged that the respondent used to visit her sister on one pretext or other, yet the evidence of the petitioner’s sister does not give any details. The evidence on record produced by the petitioner fails to prove the allegations made by her in pleadings.
The High Court added,
We find that the Petitioner has repeatedly made allegations assassinating the character of the Respondent, in both the rounds of litigation. The conduct of the Petitioner in continuing to make unwarranted, false and baseless allegations pertaining to the Respondent’ character labelling him as an alcoholic and womaniser has resulted in shredding his reputation in the Society.
In such circumstances, and considering the standing of the Respondent in the society, the stand of the Respondent that he could not put up with such conduct of the Petitioner defaming him in the society where he was carrying out social work and that he cannot continue with the matrimonial relationship in the face of such allegations cannot be said to be unjustified.
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Cruelty Proven?
The court observed that in this case the wife failed to provide any evidence in her claims and counterclaims, and thus the case could be concluded as false.
Initially when the husband approached court for divorce, the family court refused to grant him the same, however, when he re-approached the court accusing his wife of mental cruelty and defamation in society, the family passed the decree.
The court said that while considering the conduct of a party in the context of cruelty, the state of society to which the party belongs is also relevant. The court noted that the respondent retired as Major and belongs to upper strata of society having a standing in the society.
The court concluded that the wife assassinated the character of the husband which resulted in shedding his reputation in the society. The court said that the respondent’s stand that he could not put up with the petitioner’s conduct cannot be held to be unjustified.
Subsequently, the decree of divorce was upheld.
READ ORDER | Wife Labelling Husband As 'Alcoholic', 'Womaniser' Without Evidence Is Cruelty: Bombay HC
— Voice For Men India (@voiceformenind) October 26, 2022
▪️Husband was a retired Army Major
▪️Appeal pending since 2005
▪️In the interim husband passed away
▪️Husband's heir contested the case#VoiceForMenhttps://t.co/bAyOIHGIfJ
DO WATCH:
Irretrievable Breakdown in Marriage As Grounds for Divorce | Interview With SC Lawyer Prateek Som
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