Nagpur: Pestering the husband to leave his old and ailing parents amounts to cruelty, the Nagpur bench of Bombay High Court has ruled.
Allowing the Akola-based husband’s case for granting divorce from his “abusive” wife, the HC flayed Akola Family Court for not considering wild and reckless allegations made by her against him and parents, which she failed to substantiate later.
“The husband has clearly proved that wife treated him with cruelty by pestering him to leave his old and ailing parents and reside in a nuclear family with her. She not only abused him and his parents, but also assaulted and pushed his mother. The cumulative effect of proof of these facts against wife would result in finding that she treated him with cruelty,” a division bench comprising justices Vasanti Naik and Swapna Joshi held.
Further observing that family court failed to appreciate the evidence of both parties in right perspective, the judges quashed and set aside its verdict of May 23 last year where it dismissed the husband’s petition.
The trouble between the couple, who tied nuptial knot on May 17, 2013, started from the same day when husband claimed that wife arrived very late at the venue that led to whispers among the invitees on whether, she eloped with someone else.
Just after two months of their marriage, she started fighting with husband and in-laws over trivial issues. She then started pressurizing her husband against residing with his parents, who both are above 70 years. She also assaulted mother-in-law with fists and also pushed her. After being fed up with her behaviour, he started residing separately at a rented home against his wishes, but her behaviour failed to improve, as she used to abuse her and even referred him as “donkey”.
Subsequently, he filed a divorce plea in the family court, which was rejected. He then knocked HC’s doors for justice. In the meanwhile, both parties filed police complaints against each other.
Opposing his plea, the wife argued that the husband always suspected her character and used to deprive her of physical relationship. She also labelled dowry allegations against in-laws.
The HC, however, relied on the testimony of old parents who endorsed all charges against the wife. Other witnesses also testified against her abnormal behaviour and cruelty meted out to husband. Citing Supreme Court’s various orders, the judges clarified that it’s time and again held that making of reckless allegations against a spouse in the written statement and failing to prove them with evidence would amount to cruelty.
“We fail to understand why the family court has not given due weight to the evidence of old parents and lightly brushed it aside. The family court disbelieved husband’s case on wife’s conduct of abusing her old in-laws and assaulting her mother-in-law, solely on the ground that he failed to mention all these serious allegations in his police complaint,” the HC said.