“Making unfounded allegations to jeopardise a spouse’s job amount to mental cruelty”

Team SoOLEGAL 24 Feb 2021 4:10pm

“Making unfounded allegations to jeopardise a spouse’s job amount to mental cruelty”

A couple got married on 27th April, 2008 and they gave birth to a child on 3rd March,2009. The woman filed a divorce case in the Family Court on 14th May, 2012 stating that she has been mentally and physically harassed and abused by her husband and in-laws. The husband denied the allegations against him in front of the Court and stated that although his wife belonged from an upper caste Rajput family, she had applied for and secured a false caste certificate changing her caste to a lower one for securing her employment. The wife was suffering from the disease of epilepsy and it was not disclosed to her husband and his family prior to their marriage. The Family Court, after studying the circumstances and evidences, stated that the husband was cruel to his wife and granted the divorce application.

Justice AS Chandurkar and Justice PV Ganediwala of the Bombay High Court (Nagpur Bench) stated that the written statement that has been submitted by the husband has no mention of his wife’s epilepsy disease. Hence, this cannot be counted against the wife. The husband had no evidences to prove that the wife had changed her caste from upper one to a lower one to save her employment and hence this allegation was also rejected by the High Court. The Family Court’s judgment was upheld by the High Court in favour of the wife and rejected the husband’s petition stating that in some way or the other, the husband had damaged and taken disadvantages of his wife’s work.

Tagged: divorce case   Family Court   Rajput family   Bombay High Court   Nagpur Bench  
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