Blaming husband for lack of children is cruelty, says Bombay high court

The Bombay high court granted divorce to a 62-year-old Goregaon (East) resident on these grounds

Blaming the husband for a lack of children and repeatedly complaining to his employer amounts to cruelty, held the Bombay high court, which granted divorce to a 62-year-old Goregaon (East) resident on these grounds.

A division bench of justices KK Tated and Sarang Kotwal said the man’s 56-year-old wife had lodged unsubstantiated complaints against him, owing to which he was arrested and had to spend eight days in jail. (HT File)

A division bench of justices KK Tated and Sarang Kotwal said the man’s 56-year-old wife had lodged unsubstantiated complaints against him, owing to which he was arrested and had to spend eight days in jail.

“We are of the opinion that because of the unreasonable criminal proceedings initiated by the woman, her husband had to suffer tremendous mental agony and it was impossible for him to continue cohabiting with her,” said the bench. It said the woman’s continuous complaints to her husband’s employer also jeopardised his career prospects.

The couple got married in May 1972 and started living together in Andheri. However, differences soon cropped up between them. According to the man, his wife started lodging written complaints with the police and his employer.

On the basis of his wife’s complaint, he was prosecuted for various offences including those under section 498A of the Indian Penal Code (husband or relative of husband of a woman subjecting her to cruelty). He was later acquitted.

The woman had filed a divorce petition before the family court at Bandra, but did not pursue it. In 2006, the man approached the family court, seeking a divorce on the grounds of cruelty. The court dismissed his petition in May 2010, after which he approached the high court.

The high court held that he was entitled to a divorce and that the family court failed to properly appreciate the evidence on record.