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Man denied divorce by family court 10 yrs ago gets HC relief

A decade after a family court dismissed the divorce plea of a Pune resident on July 11,2003,Bombay High Court (HC) dissolved his 12-year-old marriage earlier this month

Written by MAYURA JANWALKAR | Mumbai | Updated: April 9, 2014 4:07 pm

A decade after a family court dismissed the divorce plea of a Pune resident on July 11,2003,Bombay High Court (HC) dissolved his 12-year-old marriage earlier this month. It said: “Unsubstantiated allegations made by the respondent wife amount to assault on character and reputation of the appellant (husband) and the same constitutes mental cruelty,which entitles the appellant to claim a decree of divorce.”

The man said his wife falsely accused him of having an illicit relationship with the sister of his brother’s wife. Moreover,he said,she refused to have sex with him and threatened suicide if he insisted.

The couple had married on March 13,2001.

The man claimed his wife said before her parents and relatives that he had an affair and thus defamed him and lowered his prestige.

Justices Abay Oka and G S Patel said the allegations were serious and the family court “certainly made an error” in holding that the husband had sought divorce only on grounds of sex denial and suicide threat.

HC also noted the wife told the family court she did not know her husband’s character. “Not only that the respondent has not made any attempt to substantiate the allegations of very serious nature but the answer given to the aforesaid question clearly indicates that the respondent wanted to suggest she was entertaining a doubt about the character of the appellant (husband).”

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