Lawstreet Journal

Divorce Granted Over Letter Stating Unsubstantiated Accusations Written to Husband’s Employer by Wife: Bombay High Court

Lawstreet Journal 16 May 2020 10:18pm

Image courtesy: Lawstreet Journal Judiciary Divorce Granted Over Letter Stating Unsubstantiated Accusations Written to Husband’s Employer by Wife: Bombay High Court

The Bombay High Court on Thursday, 14th May 2020 granted divorce to a Navi Mumbai resident aged 47 years. It was filed on the grounds of wife writing a letter to the husband’s employer mentioning allegations of his adultery. 

The division bench of Bombay High Court consisting of Justice V M Deshpande and Justice S M Modak said that this act of the wife writing the letter to her husband’s employer is an act which is actionable cruelty within the purview of Section 13(1)(i-a) of the Hindu Marriage Act, 1955 and thus granted him divorce. 

The couple got married in May 1993 and had two sons. After happily spending 12 years together, the relationship between the couple started to get sour and in May 2006, the woman along with the children left her matrimonial house. The woman went to her matrimonial house again in June 2008. She broke open the lock and wrote a letter to the husband’s employer stating that he has an extramarital affair. 

After a few days, the husband filed for divorce in the family court of Kanpur where his marriage was solemnized. The husband sought divorce on the grounds of mental cruelty and desertion. He moved to Bombay High Court to appeal as his divorce petition was rejected by the family court in March 2012. Bombay High Court accepted his petition and observed that the woman’s conduct of making unsubstantiated allegations against her husband amounted to mental cruelty towards the husband and under provisions of… Continue Reading...

Tagged: Divorce   Mutual Consent Divorce   Divorced ex-husband  
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