Man files for divorce on grounds of cruelty. Court says go STAY with the wife within 15 days !!

Nagpur Family Court: Start staying with wife in 15 days: Court tells husband – The Times of India

Start staying with wife in 15 days: Court tells husband

NAGPUR: Coming to the Chandrapur-based wife’s rescue, the Nagpur Family Court asked her husband, working in Mumbai, to resume staying with her within 15 days. The court held that alleged grounds of cruelty by the man against her are not proved.

“The dispute between the couple, at the most, was of usual wear and tear of which no matrimonial home is spared,” principal judge IM Bohari said, before allowing wife’s appeal for restitution of conjugal rights.

The court also asked highly qualified couple, both engineers, to bear their respective petition costs, which otherwise is borne by the losing party in matrimonial cases, as both of them prolonged the hearings by skipping them.

The couple entered into wedlock on April 4, 2012, and resided together till December in Pune, before the differences starting cropping up between them. Subsequently, the husband started behaving rudely with her and even refused to consume meals and tea prepared by her. He then started living separately

As a result, the wife went into depression and was brought back to native place by her parents. She then lodged a case against the husband for cohabitation. The respondent also never paid any maintenance to the petitioner.

According to her, the couple had exchanged their marriage proposal through net and at the time of marriage, she was working as a lecturer in an engineering college at Nagpur. For the sake of marriage, she resigned and accompanied the husband, first to Mumbai and then to Pune.

While denying allegations, the man asserted that he was subjected to the mental cruelty by her and therefore, he wanted to annul their marriage. He pointed out that she refused to maintain physical relations with him and often used to create scenes in the society. She also threatened to commit suicide and implicate him and in-laws. They had gone for a honeymoon in Kullu Manali, where she was uncommunicative and told him that she aspired to get married to man staying abroad and he was unfit for her.

“The husband wants court to believe that due to alleged behaviour of wife, he had fallen sick. But he admitted in cross examination that he has no documentary proof on that score. His friend deposed that they had meals at his Mumbai home. If wife been non-cooking woman, his friend would have no occasion to take meals with them,” the judge pointed out.

He observed that though the husband made serious allegations against wife, he failed to prove them. “I am satisfied to hold that it’s man who withdrawn himself from wife’s company without any reasonable cause. At the costs of repetition, I state that after calling upon the husband to behave well for cohabitation, he abandoned her,” the judge said.


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