Daily Archives: February 22, 2016

Wife says ” I want to marry an old boyfriend”, husband wins divorce 28 years later !

Husband goes to USA in search of greener pastures. Wife sends him a nasty latter saying that she wants divorce and wants to get married to her ex boyfriend !! Not only that she NEVER makes any attempt to live with him the next five years. At the court she claims that the letter was a bluff to force him to come back !! The HC grants grants the husband divorce …ableit 28 years later


Wife’s letter talking of divorce, remarriage an act of cruelty: HC

Abhinav Garg | TNN | Feb 22, 2016, 03.15 AM IST

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NEW DELHI: A single letter can constitute an act of cruelty, the Delhi high court has said, granting divorce to a man living separately from his estranged wife for the past 28 years.

The missive in question: a declaration by his angry wife in 1990 when he was stationed abroad that she wanted to divorce him and that she had found an old friend who wanted to marry her and accept her with their young daughter.

It was only in 1995, when the case came up in trial court, that she admitted the letter didn’t contain a grain of truth and was only meant to jolt the husband out of his complacency. But Justice Najmi Waziri of the high court pointed out the mental agony caused to the husband due to “this sole act of cruelty that continued for a period of 4-5 years”.

Upholding the decision of the trial court to dissolve the marriage on ground of cruelty, Justice Waziri noted, “For a husband living away from his wife since 1987, to have received a letter from her intimating him about her unequivocal decision to dissolve the marriage and marry another man would have been a pain as grievous as any to endure. Such an element of rejection, coupled with brunt of emotional infidelity by the wife, can break the spirit of the husband to continue marital ties.”

Challenging the decision in high court, the wife argued that the letter was a “one-off, stray incident and could not be a ground for divorce”. She said it was an act of despair, the letter was written in sheer frustration since she had been waiting for many years to live with her husband again, abroad or back home. There was no friend, no prospect of marriage; in fact, she had made up a fictional name just to “shake up” her husband. Besides, she argued, there was not a single act of violence on her part for the charge of cruelty to pass muster.

Appearing for the husband, advocate Manjit Singh Ahluwalia countered her argument, saying she did think of divorce as she drew up an affidavit to finalise her legal plan. The high court highlighted that the letter was written in 1990 while the divorce was granted five years later but during this period she never tried to explain to her husband why she had written the latter.

The high court said the husband would have suffered acute mental agony by the letter “that the wife had found someone to replace him as her husband”. It took into account the stand of the wife that the letter was a mere threat but said its import “could only evoke pain, distress, rejection and self-doubt in any reasonable husband” and termed it as a “telling testimony of cruelty”.

 

source

times of India

One side keeping matri case pending is harassment to other. Its a punishment to the other side. Madras HC !!

IF your wife is delaying the matrimonial case, Use this Madras HC judgement for speedy closure. In this case a husband approached the HC who has ordered closure of the case by FAMILY COURT within 2 months

“…. Noting that the family proceedings had been prolonged, longer than a regular civil suit, the judge said, “Keeping the case pending by one of the litigant, amounts to harassment to the other side. It is deliberately resorted to as a method of punishment to the other side.”

She said, “Emotional explosion is involved in almost all cases relating to matrimonial disputes. The interest of children is involved in several cases and pending dispute shatters mental peace. The future planning is kept under suspension. Procreation may become an impossibility because of the advancement of age. The impatient litigant may resort to illegal marriage.”

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Dispose of divorce cases fast: High Court

TNN | Feb 21, 2016, 09.06 AM IST

Chennai: Neither being able to ‘consummate’ his marriage for 13 years nor obtain divorce on the ground of cruelty for denial of conjugal rights, a man moved Madras high court for speedy end to the ordeal, prompting the court to repeat its oft-quoted phrase ‘Justice delayed is justice denied.’

Justice S Vimala, expressing distress at inordinate delay in disposal of divorce cases in family courts, said such delays in settling matrimonial disputes would emotionally disturb parties who would undergo ‘relentless worries’. Calling it the “silent cry of a husband, who is allegedly deprived of the conjugal relationship right from the date of marriage”, the judge then directed the third additional family court to dispose of the matter in two months.

Meenakshi Sundaram had moved the court to declare the marriage between him and his wife as a nullity, saying the wife was disinclined to live with him and that she refused to consummate the marriage. Noting that she refused to render conjugal company, which amounted to mental cruelty, he sought divorce on the ground of cruelty. Justice Vimala said it was a well-known fact that pendency of family court cases was mounting, bringing the judges under enormous pressure. “Despite the family court judges burning the midnight oil, they are not able to clear the pendency, because of the attitude of parties, procedural flexibility not being utilized, parties not willing to settle the matter at the earliest point of time and pre-litigation settlement not being utilized.

Noting that the family proceedings had been prolonged, longer than a regular civil suit, the judge said, “Keeping the case pending by one of the litigant, amounts to harassment to the other side. It is deliberately resorted to as a method of punishment to the other side.”

She said, “Emotional explosion is involved in almost all cases relating to matrimonial disputes. The interest of children is involved in several cases and pending dispute shatters mental peace. The future planning is kept under suspension. Procreation may become an impossibility because of the advancement of age. The impatient litigant may resort to illegal marriage.”

It is for the judges of family courts to find out ways and means to dispose of the cases quickly. “Bottlenecks in the system and the handicap for judges, if any, should be discussed in judicial academies and solutions in terms of either change in law or change in procedure or change in attitude of the parties must emerge,” Justice Vimala said. She urged family courts to make use of alternative disputes resolution (ADR) methods such as conciliation, mediation and lok adalat, and said, “There is a duty enjoined on family courts to make efforts for settlement at the first instance, wherever it is possible to do so, consistent with the nature and circumstance of the case. Settlement brings finality to the litigation and peace to the family.”

source
http://timesofindia.indiatimes.com
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