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Divorce plea allowed due to wife's 'illicit relations'

PTI  New Delhi, May 21, 2012
First Published: 17:35 IST(21/5/2012) | Last Updated: 17:39 IST(21/5/2012)

A Delhi court has allowed a man's plea for divorce from his wife allegedly due to her "illicit relationship" with many persons, saying this would have "serious impact" on his mind.

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The court allowed the city resident's application in an ex-parte order as his wife did not appear before it despite repeated opportunities given to her to have her say on the man's plea.

The man in his plea had claimed after eight years of their marriage, his wife was having illicit affairs with many other persons, making his married life miserable.

"....it has been clearly established from the unrebutted testimony of the petitioner (man) that the respondent wife has indulged consistently and persistently in a conduct which would have serious impact on the mind of the petitioner (man) causing him an extreme mental cruelty," additional district judge Sujata Kohli said.

"The petition is decreed in favour of the petitioner, thus granting him relief of judicial separation from the respondent (wife) as under Section 10 of the Hindu Marriage Act, 1955," the court said.

The man, in his petition, said it was a love marriage which was solemnised in February 2001, while he had been living together with her near Moti Nagar in New Delhi even before their marriage.

He said after eight years of their marriage, his married life was disturbed due to his wife's "illicit relationship" with a man and her behaviour became "quarrelsome and even abusive" towards him.

He said instead of realising her folly, she began indulging in illicit relationship with several others and this fact spread in the neighbourhood and he was compelled to change his residence at Moti Nagar.

The man also alleged his in-laws supported his wife with a motive of financial gains from him and despite repeated advise given by the close friends, his wife did not mend her ways.

He claimed he had caught her "red-handed" with other persons and initially his wife admitted her guilt in writing and also assured him that she would not repeat such incident in future.

The husband said he again caught her with some other person and this time, she refused to mend her ways and warned him that she would commit suicide if he interfered and left the house along with their minor daughter on the same day.

He alleged his wife even tried to tutor his daughter and the child also started to behave indecently with him.

The court, in its order, noted that allegations levelled by the husband against his wife was of "much serious nature and have remained unrebutted" as she had not contested the plea despite being given repeated opportunities.


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