Woman ‘conceals’ murder conviction before marriage, Jharkhand High Court upholds divorce granted on man’s plea
A bench of Justices Sujit Narayan Prasad and Arun Kumar Rai dismissed the appeal filed by the wife challenging the family court’s order dissolving their marriage under Section 13 of the Hindu Marriage Act.
Jharkhand high court news: A woman’s alleged concealment of her age at the time of marriage and her conviction in a murder case recently prompted the Jharkhand High Court to observe that a couple’s relationship is based on trust and respect as it upheld the dissolution of her marriage.
A bench of Justices Sujit Narayan Prasad and Arun Kumar Rai dismissed the appeal filed by the wife challenging the family court’s order dissolving their marriage under Section 13 of the Hindu Marriage Act on the plea filed by the husband.
“The conduct of the appellant-wife by concealing the material fact about her age and her conviction of life in a murder case, before contracting marriage, has caused mental agony to the respondent-husband to such an extent that it is almost impossible for them to live together where the thread of trust has already been broken,” the court held.
It noted that trust is the foundation of marriage which if broken becomes non-repairable.
“Relationship of wife and husband is based on the trust and respect to have upon each other and if it is broken it is non-repairable as the trust is the foundation of marriage. Marriage is a relationship built on mutual trust, companionship and shared experiences,” the order read.
Findings
Evident from the testimonies on behalf of the husband before the family court that the wife concealed many factual aspects before contracting marriage.
The family court, after due appreciation of the testimonies as also pleadings available on record, has come to the conclusion that cruelty was caused by the wife upon the husband.
The family court has taken into consideration all aspects of the matter particularly the concealment of the fact by the wife about age and her conviction in the criminal case and accordingly decree of dissolution of marriage has been granted.
The impugned order is not coming under the fold of perversity, and requires no interference.
The marriage between the parties was solemnised in 2019.
The husband had approached the Family Court alleging that the wife had suppressed crucial facts before marriage, including her actual age and that she had been convicted for life in a murder case relating to the killing of her alleged lover.
The husband alleged that after the marriage his wife threatened to kill him and his family.
According to the husband, there was no conjugal relationship between them.
The wife, on the other hand, denied the allegations and claimed that all details regarding the criminal case were disclosed prior to the marriage.
The wife claimed that she intended to save the marriage but the husband was adamant for divorce.
Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience.
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