The Punjab and Haryana High Court in its recent order has ruled that granting divorce was “a necessary step” in the process of healing and moving towards a healthier future for a couple, whose marriage had broken down irretrievably, was not consummated and involved cruelty.
The Bench also ruled that efforts to “harass” and “torture” a husband amounted to “cruelty”, which was a ground for divorce.
The were the observations from the Bench of Justice Ritu Bahri and Justice Ashok Kumar Verma that granted divorce to a man, whose wife stayed with him for just 15 days and lodged an FIR alleging demand for dowry. Their marriage could also not be consummated.
In the present case, the bench noted how the wife had lodged an FIR after accusing the appellant-husband and his family of demanding dowry just after three months of marriage. But her testimony before the family court, regarding dowry-less marriage, demolished her case.
Justice Verma added that the wife initiated criminal proceedings just after living 15 days in her matrimonial home and after merely three months of the marriage. The bench said,
(She lodged cases) without having patience to wait and make efforts to reconcile the dispute amicably. It was clear that she was trying to inflict mental cruelty under the garb of criminal proceedings, which entitled him to divorce.
Justice Verma added the High Court, too, tried to reconcile the dispute amicably.
Husband Willing to Pay Alimony for 15-Day Marriage
The husband was ready to pay Rs 15 lakh as a permanent alimony for a marriage that lasted for 15-days, but the respondent-wife was not ready for a divorce by way of mutual consent. It was also an admitted fact that the marriage was not consummated from the first day.
The court was of the considered opinion that the wife had made every effort to harass and torture the husband, which itself amounted to “cruelty”.
Punjab & Haryana High Court
Justice Verma remarked that the analysis and evaluation of the entire evidence made it evident that the wife had resolved to live in agony only to make life a miserable hell for the husband. It was also clear that the marriage had broken down irretrievably as they were living separately since May 2015 and there was no chance of their coming or living together again. While allowing the divorce plea, Justice Verma concluded,
In the present case, granting divorce is a necessary step in the process of healing and moving to a healthier future of both the parties.
Leave your comments on this case below. Is it time India brings in strictest laws against Women who file False Matrimonial Cases?
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