High Court junks woman’s plea to end marriage on ground of cruelty

Jan 04 2014, 01:43 IST
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SummaryWhile observing that the true test of someone’s nature is during difficult circumstances, the Bombay High Court recently rejected the plea of a woman who, citing grounds of cruelty, had sought to end her marriage even though her husband is suffering from cancer.

AAMIR KHAN

While observing that the true test of someone’s nature is during difficult circumstances, the Bombay High Court recently rejected the plea of a woman who, citing grounds of cruelty, had sought to end her marriage even though her husband is suffering from cancer.

In 2010, the woman had filed a petition seeking dissolution of marriage in a family court in Bandra. The petition was subsequently dismissed on October 9, 2012. Following this, she approached the Bombay High Court seeking the same on the ground of cruelty.

“It is stated that true test of nature of a person is during adversity. The evidence of the appellant in relation to cruelty is found very vague. Looking at the material aspects of the case, the same is not corroborated by independent and reliable witness,” said a bench of Justice V K Tahilramani and Justice V L Achliya.

The court pointed out that the couple had stayed together only for two months. “When the respondent was suffering from cancer, the appellant left him. This reveals the true nature of the appellant,” the judges said.

The wife had said her husband insisted that she brings money from her parents’ home. She also alleged that she was not allowed to meet her relatives and her parents-in-law treated her like a “slave”.

The court, in a December 2013 order, pointed out that going from the statement by the appellant’s sister, it was proved that the woman’s parents-in-law were good natured. The judges also noticed that appellant and her husband. “In such case, when she used to go to work everyday, it was very much possible for her to make calls to her parents and other persons as well as to meet them on the way to work,” the Bombay HC said.

The bench observed, “In matrimonial disputes, first the allegations have to be proved. Thereafter question arises whether proved facts are sufficient to constitute cruelty or not. The appellant has failed to prove the allegations itself, therefore, there was no question of cruelty.”

While rejecting the woman’s petition, the court said she left her husband as soon as she came to know that he was suffering from cancer and was admitted to the ICU.

aamir.khan@expressindia.com

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