Sexual aversion a ground for divorce
13 Jun, 2007 l 0119 hrs IST TIMES NEWS NETWORK
NEW DELHI: Holding that sexual incompatibility or denial of sex by either spouse was sufficient ground to seek divorce, Delhi High Court has recently annulled a 13-year-old marriage after both the sides agreed to dissolve the relationship.
Reversing a trial court’s order dismissing Ajay Kumar’s petition for divorce on the ground of cruelty by his wife, Justice S Murlidhar observed: ‘‘The evidence on record shows that the absence of normal sexual relations was definitely one reason for the failure of the marriage. It also cannot be denied that the husband underwent mental agony as a result thereof.’’
‘‘Further the separation of the couple since 1996 has rendered remote the possibility of the parties resuming a normal married life,’’ the judge noted as he acquiesced to the couple’s wish.
But HC further asked Kumar to pay Rs 2 lakh to his wife as permanent alimony within two months and directed the registry to draw up a decree of divorce by August 20 this year.
Challenging the trial court’s order of February 1997 where his plea for divorce was dismissed, Kumar had filed a petition in the HC alleging that his marriage was not properly consummated as his wife had never offered herself for complete sexual intimacy with him since they got married in June 1994.
Kumar also alleged that his wife used to be violent in bed and that her behaviour never improved despite medical treatment.
He accused his in-laws of threatening him with dire consequences when he had tried to bring the issue to their notice. His wife was taken away by them to their house in 1996, he said.
Clincher !! : ..Had it not been his cantankerous wife, Dewanchand Malik, a spy, might still have been taking the Research and Analysis Wing (RAW) for a ride …According to Intelligence sources, they realised that Malik faked his citizenship only after his wife alerted them. “She wrote to us,” confirmed an officer….….Malik had once managed to get a stay from High Court on the divorce proceedings much after May 2005… in spite of the RAW of India trying to nab him !!
Further : I don’t think Malik ever paid maintenance !! ?? did he ?? what about 498a or DV ? oopss..
RAW runs for cover
Josy Joseph Wednesday, June 13, 2007 09:54 IST
NEW DELHI: Had it not been his cantankerous wife, Dewanchand Malik, a spy, might still have been taking the Research and Analysis Wing (RAW) for a ride.
Frustrated by a messy divorce and her husband’s failure to turn up on a couple of dates at the court, Malik’s wife shot off a letter to the agency’s Aviation Research Centre agency in 2005 stating that Malik was a Bangladeshi national.
This not only exposed the case of a foreigner sneaking into a senior intelligence job, but also the threat he poses considering his knowledge of the country’s vital scientific system.
Malik had managed to join the Aviation Research Centre of India’s external intelligence by forging documents and claiming to be an Indian citizen.According to Intelligence sources, they realised that Malik faked his citizenship only after his wife alerted them. “She wrote to us,” confirmed an officer.
An intelligence official told DNA that Malik probably had an illicit affair that prompted his wife to move court.
According to sources, Malik had gone on leave immediately after his wife moved the courts for divorce in early 2005. But he disappeared as soon as his wife’s letter forced RAW into launching a hunt for him sometime in April-May.
Over the past couple of years, the Intelligence Bureau and RAW have been hunting for Malik at all possible locations. “A few months back, we almost nabbed him at his 24-Parganas district residence, but he got wind of us in the last moment,” IB sources said.
At every date of his divorce case, Raw officials land up at the court, waiting to nab him. “He hasn’t turned up at the court ever since May 2005,” sources said. However, Malik had once managed to get a stay from High Court on the divorce proceedings much after May 2005.
The RAW carried out extensive investigation on Malik in Bangladesh and collected conclusive evidence of his citizenship.
“His father is no more, but the rest of his kin are in Bangladesh,” sources added. Malik, however, had spent several years in West Bengal and had studied mostly in Kolkata.
According to RAW sources, the government has never taken up Malik’s case with the Bangladesh government officially.