Vivek Sharma, Chandigarh
Published by: Dushyant Sharma
Updated Mon, 21 Feb 2022 03:27 AM IST
Summary
The High Court set aside the order of the Pathankot Family Court not to grant divorce. Said, not having a marital relationship, filing a false FIR is cruelty to the husband.
The Punjab-Haryana High Court made it clear that the husband is entitled to divorce if the wife is willing to live in agony to make the husband’s life hell. The High Court has given this order while accepting the petition related to the demand of divorce by the husband resident of Gurdaspur.
In the petition, the husband told that he was married in 2015. His wife left the house only after 15 days of marriage. Three months later, the wife put the case of dowry harassment and domestic violence on the petitioner and his family members in Jammu and Kashmir. Not only this, but for the 15 days she stayed at home, she did not even have a relationship with the petitioner. On the first night she told the petitioner that she wanted to marry someone else and not him. The petitioner filed a case for divorce in the Pathankot Family Court which was dismissed. Due to which now the petitioner had to take refuge in the High Court.
In response to the petition, the wife said that the husband’s family had pressurized her to bring 20 lakh more jewelery as dowry. Until these things came, the husband did not even make a relationship. Rejecting all the arguments of the wife, the High Court said that before the Family Court, she had admitted that the marriage took place without dowry. Therefore, the argument of the wife is not correct. The High Court observed that it is clear from the sequence of events and the details of the facts that under the guise of FIR, the wife is attempting mental cruelty which entitles the husband to divorce.
Expansion
The Punjab-Haryana High Court made it clear that the husband is entitled to divorce if the wife is willing to live in agony to make the husband’s life hell. The High Court has given this order while accepting the petition related to the demand of divorce by the husband resident of Gurdaspur.
In the petition, the husband told that he was married in 2015. His wife left the house only after 15 days of marriage. Three months later, the wife put the case of dowry harassment and domestic violence on the petitioner and his family members in Jammu and Kashmir. Not only this, but for the 15 days she stayed at home, she did not even have a relationship with the petitioner. On the first night she told the petitioner that she wanted to marry someone else and not him. The petitioner filed a case for divorce in the Pathankot Family Court, which was dismissed. Due to which now the petitioner had to take refuge in the High Court.
In response to the petition, the wife said that the husband’s family had pressurized her to bring 20 lakh more jewelery as dowry. Until these things came, the husband did not even make a relationship. Rejecting all the arguments of the wife, the High Court said that before the Family Court, she had admitted that the marriage took place without dowry. Therefore, the argument of the wife is not correct. The High Court observed that it is clear from the sequence of events and the details of the facts that under the guise of FIR, the wife is attempting mental cruelty which entitles the husband to divorce.