Bombay High Court: Dismissing an appeal against a family court order, a bench comprising of Hon’ble P. N. Deshmukh and V.K. Tahilramani, JJ rejected the contention of the appellant that forcing him to leave his parents house amounted to mental cruelty by his wife. In the present case, the couple got married in 2004 and one year later the wife went to her parent’s home to give birth to their child and never returned. The husband made no attempts to get her back and in 2009 filed a case for divorce on the grounds of desertion and cruelty. He submitted a litany of allegations before the court, claiming his wife had treated him cruelly alleging misbehavior with him and his parents, demanding money from him for her fathers business and stating the marriage was against her wish. He even claimed that his wife had accused him of having an affair with his sister-in-law and insisted that they should move out of his parents house. The division bench observed that with the increase in the number of family members, it is the desirous of every woman to have a separate accommodation and it is pertinent to note that the husband himself had admitted that to avoid quarrels and disputes, such arrangements were made. From this fact, it can be seen that the allegations were not serious in nature. The Court stated that no proof had been submitted to back the allegations. And by looking at the evidence on record, they were of the opinion that the appellant-husband could not prove that his wife treated him with cruelty, which was of such a nature that it made it difficult for him to live with her and denied him divorce. [Vilas Raosaheb Jadhav vs. Aarti Vilas Jadhav, FCA No. 99 of 2013, decided on January 16, 2014]
Posted on: Sat, 25 Jan 2014 11:22:22 +0000
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