Visiting friends ‘not grounds for divorce’

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An Indian husband has been denied a divorce on the grounds that his wife visited her friends and parents too frequently.

The man had claimed her frequent absences constituted marital cruelty but this argument was rejected by the Mumbai High Court sitting in Nagpur, a major city in the central state of Maharashtra.

Justices Vasanti Naik and Arun Upadhye declared:

“Allegations that the wife used to avoid husband and his family members and often visit her parental house and friends can’t constitute cruelty.”

The husband insisted she had neglected his family, was a reluctant cook and spent more time with her friends and parents than with him  – behaviour he deemed so cruel he was left “mentally disturbed”.

But his argument failed in court after he admitted she always asked his permission before leaving on her visits.

The husband had failed to persuade his local family court and the High Court Justices were equally unconvinced, saying he had failed to establish his claims of neglect.

“We find that the husband hasn’t established that the wife had treated him with cruelty. Not only are the allegations levelled by him are very vague and general but he failed to prove them.”

Photo of downtown Nagpur by Gppande via Wikipedia under a Creative Commons licence

Stowe Family Law Web Team

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