The Bombay High Court has upheld a family court decision granting divorce to a husband, ruling that denying physical intimacy and falsely accusing a husband of having an affair amounts to cruelty in marriage.
A division bench of Justices Revati Mohite-Dere and Dr. Neela Gokhale was hearing an appeal filed by the wife against a November 28, 2019 order of the Pune Family Court. The lower court had granted the husband’s plea for divorce while rejecting the wife’s petition seeking restitution of conjugal rights.
The couple married on December 12, 2013 but separated within a year on December 14, 2014. In April 2015, both parties filed for divorce by mutual consent. However, in July 2015, the wife withdrew her consent, claiming she was forced to sign the petition. She later filed a complaint against her husband and his family with the local police.
The husband alleged that the wife humiliated him publicly, barged into his office and misbehaved with employees, refused physical relations for the first four months of their marriage, and even referred to their wedding anniversary as “the day of her failure.”
Despite attempts to save the marriage, including moving out of his family home to live in a rented flat with his wife, the husband said she never joined him.
The High Court noted that mediation efforts had failed despite multiple attempts, including sessions held by coordinate benches. The judges observed that the couple had been living apart for over a decade, making reconciliation impossible.
The bench observed:
- The wife’s refusal to cohabit and maintain physical relations amounted to cruelty.
- Insulting the husband in front of friends and ill-treating his staff caused mental agony.
- The marriage had irretrievably broken down, with no chance of revival.
Upholding the Family Court’s order, the High Court dismissed the wife’s appeal, legally confirming the end of the marriage.
Case Title: PAB vs. ARB (Family Court Appeal 53 of 2021)
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