The Nagpur Bench of the Bombay High Court recently allowed divorce after the husband filed a divorce plea on the ground of cruelty by the wife after she framed fake allegations against the husband and made a matrimonial profile of herself on two matrimonial websites.

The bench of Justices AS Chandurkar and GA Sanap was hearing an appeal by the Husband against the order passed by the Family Court whereby the court rejected the plea of the husband only granted 1-year judicial separation. 

FACTS

The husband contended that his wife is an aggressive woman and would seek a chance to quarrel. She kept insisting on shifting to her parents' house in Akole. However, the husband had a permanent job in the High Court, and in order to shift, he would have to quit his job. 

During the arguments, the counsel for the appellant brought to the Bench’s attention the respondent had already made her mind to separate from the husband as she made her intention clear by making her profile on matrimonial websites. The Family court failed to consider these facts before adjudicating the dispute. 

The Wife denied the allegations and insisted that she was also tortured, harassed for dowry and not given meals. She also complained of domestic violence, stating that she had been suffering unbearable harassment and mental cruelty. 

HELD

The Court held that by creating matrimonial profiles, the wife has made it amply clear that she does not want to continue the relationship. Moreover, the Respondent made serious allegations against the husband and his parents through FIR. The Evidence proves that cruelty inflicted upon the appellant would make it impossible to live with the respondent and which might cause mental injury. 

Author: Papiha Ghoshal