Mumbai: Man appeals for divorce stating wife's threat of suicide as cause
The husband had moved to high court after lower courts refused to grant him divorce.
Holding that the a pregnant wife would not threaten of committing suicide, Bombay High Court has junked a plea for divorce filed by a husband claiming the wife was married to him against her wishes and would always threaten of committing suicide.
Justice Vibha Kankanwadi said, "The reason itself is unbelievable, because wife had become pregnant from the husband. Pregnant lady will not think of taking her life, when she would be giving birth to a life. Except bare words, there was nothing on record brought by the husband. We cannot forget a fact that husband is employed in police and hence it was easy for him to lodge a complaint against the wife."
The husband had moved to high court after lower courts refused to grant him divorce. It was argued by the husband that "She (wife) tried to commit suicide by self immolation, another time by consuming phenyl. She would threaten him of falsely implicating him and his family in criminal cases. Insisted that husband bring luxurious articles, later she filed criminal case, thereby causing mental agony to him.
The couple had married in 2001, two year after their marriage when the wife was pregnant she moved out of the matrimonial house. Days later the husband served her with a divorce notice. However, it was compromised. Later in 2005, the woman again moved out of the house and since then has been staying separately and a court has directed the husband to pay Rs 9,000 maintenance to her and son.
The bench after going through the entire evidence said, "The husband in this case has not made out the case for irretrievable break down of marriage. It is by his own acts he is keeping the wife away. Further in his cross-examination he had categorically stated that he is not willing to take the wife along with him. Under such circumstance, when he has no desire, it cannot be said that there is irretrievable break down of marriage."
CASE FILE
Couple were married in 2001. Two year after their marriage when the wife was pregnant she moved out of matrimonial house. Days later husband served her with a divorce notice, which was then compromised