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Monday, July 16, 2018

Job loss on wife’s false charge is cruelty,ground for divorce: court

Getting sacked from one's job on false allegations by the spouse amounts to cruelty,a Delhi court has held.

Written by Agencies | New Delhi | Published: April 2, 2012 9:36:41 pm

Getting sacked from one’s job on false,character-assassinating allegations by the spouse amounts to cruelty,a Delhi court has held while granting divorce to a man who complained of harassment by his wife.

The verdict was delivered in a case of matrimonial dispute between a judge couple,with the husband,however,losing his job on the wife’s compliant.

The husband had sought divorce and annullment of marriage alleging that his wife was “impulsive and hot-headed” and because of her complaint to the Punjab and Hrayana High Court,he had lost his job as a civil judge.

“Resignation from job is one thing but termination from a prestigious service,that of a judge,in which the respondent’s complaint and her statement against the petitioner must have had a pivotal role,is indeed heart-rendering.

“By making scandalous allegations against the petitioner in her written statement,the respondent has indeed subjected him to cruelty,” Additional District Judge Seema Maini said while allowing the husband’s plea.

The court also held that “the conduct of the wife in threatening the husband to commit suicide amounted to immense cruelty.”

The marriage that the couple had solemnised in 2009,had begun to fall apart due to the impulsive nature of the wife,who resigned from Haryana Judicial Services and came to the Capital after clearing the Delhi Judicial Services,the court noted.

“The wife resigned behind the husband’s back from the Haryana Judiciary and joined Delhi Judicial Services and set up her independent home in Delhi,in complete abandonment of the matrimonial relations with him.

“This must have been a source of immense cruelty and come as a great shock to the senses and sensibility of the husband,whose marriage to the wife was a love marriage against the wishes and without the consent of his parents,” the court observed.

The man’s counsel Amit Sahni also told the court that his client’s wife even displayed herself as unmarried on a matrimonial website during the subsistence of their marriage.

The court held that “the wife’s acts of projecting herself as unmarried was done on her own accord without caring for the sentiments of the petitioner and thus he became a victim of constant nagging,pain and suffering.”

The counsel also told the court that the woman used to come at his client’s official residence,create a scene and even harass him on telephone.

The court,in its order,noted,”When he wife takes the domestic problem out in the open and then takes the entire bundle of her grievance against the husband,correct or incorrect,baseless or authentic to the workplace of the petitioner and not just there but even to his employer,the only intent of such a wife,that can be inferred,is that she wants the husband to become an object of public ridicule,humiliation and penal action,if possible,at the hands of employer.”

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