Blaming spouse for failure to conceive amounts to cruelty: Bombay High Court

The Bombay High Court has granted a divorce to a 62-year-old man, observing that constantly blaming one's spouse for failure to conceive amounts to cruelty.

Published: 14th January 2018 02:50 PM  |   Last Updated: 14th January 2018 03:41 PM   |  A+A-

Bombay High Court (File | PTI)

By PTI

MUMBAI: The Bombay High Court has granted a divorce to a 62-year-old man, observing that constantly blaming one's spouse for failure to conceive amounts to cruelty.

A division bench of Justices K K Tated and S K Kotwal allowed the man's petition challenging a May 2010 order of the family court refusing his divorce plea which he had filed in 1995.

The man, in his plea before the lower court and the HC, alleged that his 56-year-old wife was never cordial with him and had filed several complaints against him in the past without proper evidence, which amounted to cruelty.

The senior citizen also claimed that his wife blamed him for not being able to conceive.

The couple got married in 1972 but started living separately in 1993 after constant fights and discord.

The high court, after hearing arguments from lawyers of both the man and his wife, observed that the appellant (husband) had made out sufficient case for grant of divorce on the ground of cruelty.

"The cross-examination of the respondent wife (before the family court) shows that she was blaming the appellant for her not being to conceive, which also amounts to cruelty meted out to the appellant," the HC said in its order on January 12.

"We are of the opinion that because of the unreasonable criminal proceedings initiated by or at the instance of the respondent, the appellant had suffered tremendous mental agony and it was not possible for him to cohabit with the respondent," the judges said.

The court, however, directed the husband to continue paying a monthly maintenance to his wife and also not raise any dispute regarding the flat occupied by her.

Stay up to date on all the latest Nation news with The New Indian Express App. Download now
(Get the news that matters from New Indian Express on WhatsApp. Click this link and hit 'Click to Subscribe'. Follow the instructions after that.)

Comments

Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the newindianexpress.com editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on newindianexpress.com are those of the comment writers alone. They do not represent the views or opinions of newindianexpress.com or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. newindianexpress.com reserves the right to take any or all comments down at any time.

facebook twitter whatsapp