High Court: Wife chewing ‘Tobacco’ can’t be reason to Divorce her

Team SoOLEGAL 18 Feb 2021 3:17pm

High Court: Wife chewing ‘Tobacco’ can’t be reason to Divorce her

The Nagpur Bench of Bombay High Court had held that, just because the wife has a habit of chewing tobacco it does not entitle the husband to apply for divorce. Justice Atul Chandurkar and Justice Pushpa Ganediwala while upholding the decision of Nagpur Family Court had noted that, due to the excessive consumption of tobacco, the husband had to spend a lot for his wife’s medical treatment however, the petitioner that is the husband could not show any evidence such as medical papers, bills etc in support of his claims.

The Court was of the view that, the claims made by the husband are not grave and serious and if the Court grants divorce on such grounds, then it would affect the interest of their son and daughter. On 15th June, 2003 the couple got married and after that because of some differences between them, the husband had filed a divorce application in the Family Court on the grounds of cruelty. The husband had mainly contended that, his wife is addicted to tobacco and for that the petitioner had to spend a lot of money for his wife’s medical treatment.

The petitioner had also stated that, due to excessive chewing of tobacco, a cyst has developed in her stomach. He had to pay vast medical costs for her care. He had also said that she did not do any household work, often quarrelled with him and his in-laws, and visited her parent's home for days without telling him. According to the Court, the allegations of the husband are not sufficient to prove that the petitioner is really undergoing mental pain and agony.

The Court had stated that, disputes are normal in day to day life of husband and wife. The charges by the husband against the wife are nothing but normal wear and tear in married life. The Court had found no sufficient ground to interfere in the decision of the Family Court hence, rejected the appeal of the husband.     

Tagged: High Court   Nagpur Bench   Bombay High Court   divorce cases   Justice Atul Chandurkar   Justice Pushpa Ganediwala   Family Court  
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