Married woman’s desire to have own home not cruelty: HC

Written By Unknown on Rabu, 22 Januari 2014 | 22.23

MUMBAI: Every married woman wants to have her own home, the Bombay high court remarked while rejecting a Borivli resident's plea to allow him to divorce his wife who, he claimed, subjected him to mental cruelty. Forcing him to leave his parents' house was one of the reasons that Mangesh Pawar cited among other allegations to seek divorce from his wife.

With the increase in the number of family members, "it is the desire of every woman to have a separate accommodation," said a division bench of Justice Vijaya Kapse-Tahilramani and Justice P N Deshmukh. "It is pertinent to note that the Pawar himself has admitted that to avoid quarrels and disputes, such arrangements were made. From this fact, it can be seen that the allegation is not serious in nature," the bench said.

Pawar and Seema got married in 2004 and a son was born to them a year later. Seema left for her parents' place for the child's birth but Pawar did not make any efforts to bring them back. In 2009, he moved the family court seeking divorce on the grounds of desertion and cruelty. Pawar submitted a litany of allegations before the court, claiming his wife had treated him cruelly. Pawar alleged that Seema would misbehave with him and his parents, demand money from him for her father's business and would say the marriage was against her wish. He even claimed that Seema had accused him of having an affair with his sister-in-law and insisted that they should move out of his parent's house.

But the court pointed out that no proof had been submitted to back the allegations. "Looking at the evidence on record, we are of the opinion that Pawar could not prove that Seema treated him with cruelty, which was of such a nature that it made it difficult for him to live with her," said the HC, upholding a family court's order denying him divorce.

(Couple's names changed to protect their identity)


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