Bombay High Court: Denying Intimacy and Alleging Affair Is Mental Cruelty
The Bombay High Court has upheld a divorce granted to a man, stating that the wife’s actions amounted to cruelty. The woman had challenged a Pune Family Court’s ruling from November 28, 2019, which allowed the husband’s divorce plea and dismissed her request for resuming marital relations.
The couple got married on December 12, 2013, but separated within a year, on December 14, 2014. They initially filed for mutual consent divorce in April 2015. However, the wife later claimed she was forced to agree and withdrew her consent in July 2015. She also filed a police complaint against her husband and his family.
The husband told the court that his wife humiliated him in front of friends, behaved rudely with his office staff, and refused any physical relationship for the first four months of marriage. She also referred to their wedding anniversary as the “day of her failure.”
In an effort to save the marriage, the husband even left his family home and rented a flat, inviting the wife to join him. But she never moved in. The court found this effort genuine and said the wife’s claim that he abandoned her was false.
The judges called the case unfortunate. Despite many attempts at mediation and several hearings, no resolution was possible. The couple has lived separately for over a decade.
The court said, “This marriage is clearly beyond repair. Even in 2015, they tried for mutual divorce. The husband’s efforts to reconcile were ignored. The wife’s actions caused emotional pain and mental stress.”
The bench, including Justices Revati Mohite-Dere and Dr. Neela Gokhale, stated that insulting a spouse in public and misbehaving with colleagues causes serious mental suffering. The appeal filed by the wife was dismissed, and the Family Court’s decision to grant divorce was confirmed.
Case Title: PAB vs ARB (Family Court Appeal 53 of 2021)
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