No family court relief for woman who lied about income, alleged cruelty by husband

The family court has refused relief to a woman who lied about her income and falsely alleged that her husband was an alcoholic and subjecting her to cruelty.

Judge IM Bohari dismissed the petition filed by the wife observing: "The allegations made by the petitioner in her petition and deposition in respect of the verbal abuses, respondent's alleged drinking habit, alleged slap, throwing of the cold food, alleged rude waking her up, alleged threats to kill and her alleged concealment in Aman's room are not supported by any independent evidence."

The wife had filed petition for divorce under the Hindu Marriage Act 1955 and sought maintenance of Rs 70,000 per month for herself and a minor son and for his educational expenses. Alternatively, she had sought that the husband be directed to transfer the plot and the matrimonial home in her name towards permanent alimony.

An amount of Rs.3 lakhs was also prayed for towards litigation expenses.

The wife, who is a diploma holder in Textile Designing is originally from Mumbai who had shifted to matrimonial home at Ludhiana where the husband deals in marble and granite business.

During her cross examination, the wife revealed that she earned Rs 30,000-40,000 per month from her boutique. "After realizing the damage which this answer could cause, she improvised her statement and further added that the said income includes salary of her employees and that her net income is Rs.5000 per month. If her income is so less and if the respondent neglected her, then the question is how she is able to maintain a four wheeler viz. EON Sports car at Ludhiana," observed the judge.

JN Dubey, advocate for the husband also proved that the wife is a sleeping partner in his Partnership firm for the marble business having her profit share of 50% against 20% and 30% profit share of the other two partners.

Their marriage was solemnised in Mumbai in January 1987 as per the Hindu Vedic rites. They have two sons, one of whom is working as a pilot with a commercial airline and second is taking education in Mecatronics Engineering at Bangalore.

Rizwan Siddiqui, advocate for the wife, argued that after birth of their first son, the husband started abusing the wife. He alleged that once the husband threw a flower pot at the wife which accidently hurt their elder son.

She alleged that the husband has not been providing her with financial security although he has property worth more than Rs 17 crores.

JN Dubey, advocate for the husband, argued that for last more than 23 years they have been living together at Ludhiana even after filing the divorce petition in 2009.

He said that he had provided financial help to the wife when she wanted to start her own business in designing and western wears after their first son's birth. He specifically denied having ever verbally or physically abusing the wife or their children.

He showed proof, which was admitted by the wife, in cross examination that he had borrowed money to send the elder son abroad for further studies. After becoming a pilot in 2011, the son has been helping in repayment of the loan amount.

Rejecting her divorce petition on the ground of cruelty, the judge observed: "Even now the petitioner is occupying the same matrimonial home and as such the alleged cruelty to my mind comes within the realm of ordinary wear and tear."