Doubting the character of the husband without proof is cruelty by the wife : High Court

BS Meshram, a resident of Khairagarh in Rajnandgaon district of Chhattisgarh, was married on 6 April 2003 to a woman resident of Khairagarh. After marriage, she demanded separation from her in-laws. Because of this the couple started living in a rented house, but the woman never took interest in domestic work and cooking. The husband had to do all the work. Even after the birth of two children, the attitude of the woman did not improve and she did not help her husband in any work. No attention was paid to the education of the children.

Doubting the character of the husband without proof is cruelty to the wife

Not only this, raising doubts about the character of her husband, she kept threatening to implicate him in a false case. Troubled by physical and mental torture, the husband bought a separate house and started living there with both the children, the wife had been living separately and did not try to live together. After this the husband filed for divorce in the family court under the provisions of the Hindu Marriage Act . The Family Court, after hearing both the sides, had approved the decree of divorce on the ground of cruelty and abandonment on 11 May 2018.

This order was challenged by the wife in the High Court. Apart from her husband and children, the woman who had lived in a rented house for three years lived in a rented house for more than three years, while the husband had built his house. Even after having her own house, she used to live in a rented house without any valid reason. During cross-examination, she admitted that she has been living separately for about 8 years and has no contact with her husband. She could not even prove the allegation of illicit relations against her husband. After the hearing, a bench of Justice Gautam Bhaduri and Justice Deepak Kumar Tiwari said that their separation is long and there is no scope for improvement in their relationship. The High Court dismissed the petition upholding the order of the Family Court.

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