The Bombay High Court affirmed a family court judgement dissolving the marriage of a Pune-based. couple, declaring that calling husband a womaniser and an alcoholic without any proof amounts to cruelty.
On October 12, a division bench of Justices Nitin Jamdar and Sharmila Deshmukh dismissed an appeal brought by a 50-year-old lady who was contesting a Pune family court’s November 2005 judgment terminating her marriage to a retired Army officer.
The man dies while the high court appeal was being heard, and as a result, the court ordered that his legal heir be added as a respondent.
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The woman claimed in her appeal that because of her husband’s vices of womanizing and alcoholism, she was deprived of her conjugal rights.
The bench ruled that the wife’s actions, which included leveling baseless and false allegations against her husband, were cruel because they hurt his reputation in the community.
In its ruling, the high court stated that aside from her word, the woman had not provided any supporting documentation for her claims.
According to the man’s attorney, the petitioner woman’s false and defamatory accusations against her husband caused him mental anguish.
The husband alleged in his deposition before the family court that the petitioner had cut him off from his children and grandkids, and the court cited that testimony.
“It is a settled position in law that ‘cruelty’ can broadly be defined as a conduct that inflicts upon the other party such mental pain and suffering as would make it not possible for that party to live with the other,” the high court said.
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