Snehal Upadhyay –
Published on: August 31, 2021, at 13:20 IST
The Bombay High Court’s Nagpur Bench granted Divorce to a man who alleged his wife for Mental Cruelty.
The wife made fake allegations on her husband and meanwhile, the ongoing proceedings also uploaded her profile on a matrimonial website.
The Division Bench comprising Justices AS Chandurkar and GA Sanap observed that wrong allegation made on the husband and the wife’s decision to remarry during the ongoing case clearly states that the husband suffered mental cruelty.
The husband had made an appeal in the High Court when the Family Court at Akola rejected the Divorce plea and granted Judicial separation for one year.
The Court remarked that the Family Court had failed to recognize the fact while quashing the divorce petition of the husband last year that there were marriage profiles created in the matrimonial websites.
The Court stated in an ex-parte order that “On the basis of this document, it can be inferred that she wanted to get rid of the appellant and wanted to perform the second marriage.”
While granting a divorce the Court held, “The evidence clearly indicate that the respondent had no wish and desire to remain in company of the appellant. If the respondent had sincere wish and desire to save her marriage she would not have taken a conscious decision to perform the second marriage even before the final out come of the divorce petition. The evidence placed on record by the appellant coupled with the conduct of the respondent through-out and subsequent to the filling of the petition would prove beyond doubt that the respondent had made the life of the appellant miserable”.
Click here to read/download the Order
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