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Having love affair after marriage amounts to mental cruelty to husband: Court

Sunday, 25 May 2014 - 6:15am IST | Agency: dna

The family court recently held that a woman who continues to have love affair after her marriage and threatens to complaint to the police against her husband if he objected to her returning home late, amounted to mental cruelty to the husband and is a ground for divorce.

Judge SN Rukme granted divorce to a couple who had stayed together only for one month after their marriage in 2006. The husband had sought divorce on the ground that her behaviour amounted to cruelty, and the court accepted that.

"Any person would defend the case if such allegations were false. It can be said that the respondent (woman) has admitted that the allegations are true."

The court further held: "The (husband's) plea and evidence show that the respondent (woman) was never interested in matrimonial duties, and continuing an affair even after marriage is more than sufficient evidence of mental cruelty."

As per the divorce plea filed by the husband, the woman stole Rs 35,000 in cash from her husband's house and went to her parents house. She also had an affair with an anti-social element. While the two were living together, she would leave the house without informing her husband. If she was questioned, she would threaten him saying she would lodge a police complaint.

The husband also alleged that the woman used to abuse him and his parents. Since the last 7 years she had not come to their house and had refused to cohabit.

The court issued her a notice seeking her reply to the petition, but she did not bother to reply. The court hence passed an ex-parte decree granting the petitioner divorce.

The court also refused to grant the woman maintenance saying: "She has not shown any interest in carrying on a pious relationship with her husband. Therefore, it will not be in the interest of justice to consider the respondent's right regarding maintenance."

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