Relief for Hubbies Tortured by Wives

He moved the First Additional Family Court in Chennai, which by an order dated December 22, 2012 rejected his plea for divorce. Hence, the present appeal.

Published: 30th June 2014 08:05 AM  |   Last Updated: 30th June 2014 08:05 AM   |  A+A-

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CHENNAI: Hubbies tortured by their spouses can now hope for relief. Thanks to Madras High Court, which has come to the rescue of two husbands, subjected to cruelty by their wives, by straightaway ordering divorce in one case and directing a Family Court to consider within three months the plea for divorce, in another.

In his petition Arun Kumar Jain alias Bunty of Rajasthan submitted that he married Radha (name changed) on March 11, 2001 and they had a 12 year-old son. That his wife was older than him was suppressed. Being more educated, she used to abuse him and his family members and behaved in a superior manner.

He moved the First Additional Family Court in Chennai, which by an order dated December 22, 2012 rejected his plea for divorce. Hence, the present appeal.

In the second case, 34 year old G Vijayan submitted that his wife Bharathi (name changed) did not allow him to have conjugal relations. On the other hand, she abused him of being impotent. Further, threw the mangal sutra on his face on more than one occasion.

According to his counsel RY George Williams, Bharathi, a lecturer in an engineering college, did not respond to the notices issued by the Family Court and when she was set ex-parte, filed an application for setting aside the same. Thereafter, she never appeared.

After satisfying herself that Bharathi was having mala fide intentions to drag on the proceedings, Justice R Mala said it was a fit case for giving a direction to the Family Court to dispose of the petition for divorce within three months.

In the first case, a Division Bench of Justices S Rajeswaran and S Vaidyanathan noted that during pendency of Bunty’s appeal, his wife had continuously started lodging criminal proceedings one after another. In fact, a dowry harassment case lodged against the husband and his family members was dismissed. Thereafter, she initiated proceedings under the Domestic Violence Act. The husband and his family members were arrested and remanded to judicial custody. It is also not in dispute that the wife had been separated for more than 9 years.

Therefore, we are of the view that the wife, instead of trying to solve the disputes amicably and to join her husband, had been continuously going on initiating proceedings one after another which clearly indicate that she made all attempts to ensure that her husband and his family members are put in jail. Therefore, we are of the view that the acts committed by the wife would amount to mental cruelty, by which, Bunty cannot be expected to live peacefully,’’ the Bench said and granted divorce.

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