The couple married in the year 1990 and has two children. The husband alleged that since the year 2000, they had not maintained physical relations.
Making general allegations against the wife for being 'adulterous', without the husband being able to produce any evidence, does not amount to cruelty, the Bombay High Court said while rejecting a petition filed by a man seeking divorce.
A division bench of Justice SS Shinde and Justice SM Gavhane, while upholding a family court order rejecting the husband's plea, said: "The family court has rightly observed that after considering all instances of cruelty alleged by the husband, no independent evidence adduced to prove that the wife had subjected him to any cruelty and that it was of such serious nature that entitles him in law to get divorce."
The couple married in the year 1990 and has two children. The husband alleged that since the year 2000, they had not maintained physical relations. The woman, however, gave birth to their younger daughter, which was thus not of valid wedlock. Further, the husband in his petition claimed that the woman would speak to someone over the phone while hiding herself in the bathroom at odd hours.
"Even during one of our trips her behaviour was suspicious. She was constantly speaking to someone over the phone. The woman denied the allegations and countered by saying that the husband is a womanizer and only because he wants to marry another lady, he has ill-treated her and now seeks divorce.
The court, examining the records and witness testimony, concluded: "The allegations levelled against the wife are too vague and general in nature. The husband has not given specific instances regarding allegations of cruelty."
And as for the daughter not being his, the court said: "We find no substance in such baseless allegations, because the child was born when the couple was residing together and when the marriage was in subsistence.
ALLEGATIONS
- The husband alleged that since the year 2000, they had not maintained physical relation. Yet his wife gave birth to their younger daughter.
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 "Adultery")
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