Baseless charge against spouse is cruelty, says HC
Vasantha.Kumar@timesgroup.com 11.06.2018
Bengaluru: Making unsubstantiated allegations against spouse could be counterproductive as a woman from Belagavi found out during divorce proceedings.
Responding to her techie husband’s petition seeking divorce, the woman made allegations about his conduct and character without evidence. The court, which heard an appeal from the Pune-based software engineer, granted him divorce after noting that the wife had failed to prove her allegations.
“The wife has made allegations without bothering to prove them,” a division bench comprising Justice Vineet Kothari and Justice HB Prabhakara Sastry observed. “Specific and categorical allegations — once made by a spouse in a petition for divorce — are required to be established by that person. Otherwise, making serious accusations and allegations itself amounts to mental cruelty.”
The court directed the man to pay ₹10 lakh as permanent alimony to his wife. The family court’s order for paying ₹7,500 a month as maintenance to their son was not altered by the high court.
The woman had alleged that her husband was quarrelsome owing to which he was transferred from Bengaluru to Pune. She further contended that her husband used to beat her and threw her out of their home. The woman also alleged that the techie, who consumed alcohol every day, was once beaten up for quarrelling with a passerby.
She claimed that her husband had an illicit relationship and used to spend a lot of money on that woman.
Vasantha.Kumar@timesgroup.com 11.06.2018
Bengaluru: Making unsubstantiated allegations against spouse could be counterproductive as a woman from Belagavi found out during divorce proceedings.
Responding to her techie husband’s petition seeking divorce, the woman made allegations about his conduct and character without evidence. The court, which heard an appeal from the Pune-based software engineer, granted him divorce after noting that the wife had failed to prove her allegations.
“The wife has made allegations without bothering to prove them,” a division bench comprising Justice Vineet Kothari and Justice HB Prabhakara Sastry observed. “Specific and categorical allegations — once made by a spouse in a petition for divorce — are required to be established by that person. Otherwise, making serious accusations and allegations itself amounts to mental cruelty.”
The court directed the man to pay ₹10 lakh as permanent alimony to his wife. The family court’s order for paying ₹7,500 a month as maintenance to their son was not altered by the high court.
The woman had alleged that her husband was quarrelsome owing to which he was transferred from Bengaluru to Pune. She further contended that her husband used to beat her and threw her out of their home. The woman also alleged that the techie, who consumed alcohol every day, was once beaten up for quarrelling with a passerby.
She claimed that her husband had an illicit relationship and used to spend a lot of money on that woman.
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