Divorce plea dismissed, 13 years on
Swati Deshpande, TNN | Aug 22, 2012, 02.40AM IST
MUMBAI: A judge in the Bandra family court on Tuesday dismissed a city surgeon’s petition for divorce filed on grounds of cruelty against his wife from whom he had been separated since 1998. The plea was filed in 1999.
The couple fought over the custody of their son as well. On Tuesday, it went to the father with whom the teenager had been living for the past two years.
The woman in question is a businessman’s daughter and a resident of Pedder Road. The husband, on the other hand, is a well-known doctor. The battle dragged on with several interim applications and miscellaneous disputes being dealt with first.
The surgeon had accused his wife of mental cruelty, being rude to his staff, not caring much and other similar charges. The woman refuted the charges but never filed for restitution of her rights to ensure marital intimacy. She wanted the husband’s petition to be dismissed on the basis that his grounds of alleged cruelty were not tenable.
She also alleged that she was tortured by him, which he denied.
In the intervening years, the surgeon gave back his wife’s jewellery, said his lawyer. Talks of settlement were also initiated by the two, who are now in their 40s, but ended with negative results due to the “exorbitant” demand of about Rs 10 crore by the woman, the husband contended.
Now, with the dismissal of his divorce plea, the only silver lining as he sees is the custody of his son. There is no marriage that remains, he had argued.
The Supreme Court, too, in some judgments had held that if a marriage was dead, there was no point flogging it to keep it legally alive.
When the husband’s lawyer argued this point, the court, whose reasoned judgment will follow later, expressed how “irretrievable breakdown” was not grounds for divorce yet. The husband is likely to move the Bombay high court soon—within the 30-day appeal period.
Talks of settlement were also initiated by the two, who are now in their 40s, but ended with negative results due to the “exorbitant” demand of about Rs 10 crore by the woman, the husband claimed.