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Jobless, idle man causes mental cruelty to wife: Family Court

A husband who keeps getting expelled from jobs for reasons like misappropriation of funds, fraud and cheating, and sits idle at home most of the time while the woman works causes stress and mental cruelty to her, which can be grounds for divorce, the Bandra family court recently ruled.

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A husband who keeps getting expelled from jobs for reasons like misappropriation of funds, fraud and cheating, and sits idle at home most of the time while the woman works causes stress and mental cruelty to her, which can be grounds for divorce, the Bandra family court recently ruled.

The court accepted the allegations made by a woman against her husband, whom she had married in 2004 but living apart from since 2011. The woman, who had sought for divorce on the grounds of cruelty, alleged that "before marriage the husband was jobless, a fact suppressed from her." She further alleged that no routine was followed in the home such as a fixed time to go to sleep or eat, because of which she faced problems like sleepless nights, poor digestion and fatigue.

She claimed the husband would physically assault her and use abusive language, causing her mental agony. She had to even change her residence and move to a new neighbourhood where the man's deeds were not known.

The situation worsened by the day, she alleged, as the husband would cheat people, incur debts, and abscond when people visited their house; even cops showed up at the doorstep. In fact, the residential society even wrote to the woman's father, mentioning the nuisance created by her husband in the society leading to frequent police visits.

The husband appeared before the family court but did not file his reply to the petition, and the court proceeded without it. The court, while allowing the petition, observed, "He has not filed his written statement and not cross-examined the petitioner (woman) and her witness. In such circumstances, there is no reason to disbelieve the evidence adduced by the woman. Believing the version of the petitioner, it is safe to observe that she has been treated with cruelty by the respondent and, therefore, is entitled to the decree of divorce."

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