Bombay HC grants 62-year-old man divorce over wife's cruelty

Mumbai: The Bombay high court has granted divorce to a 62-year-old man, observing that constantly blaming one’s spouse for failure to conceive amounts to cruelty. The man, in his plea before 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. He also claimed that his wife allegedly blamed him for not being able to conceive.

A division bench of Justices K.K. Tated and S.K. Kotwal was hearing a petition filed by a senior citizen who had challenged 2010 family court order refusing his divorce plea. The couple had gotten married in 1972 and had started to live separately in 1993 due to constant fights and discord.

The HC, after hearing arguments from lawyers of both the man and woman, observed that the 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.

“We are of the opinion that because of the unreasonable criminal proceedings initiated by or at the instance of the respondent wife, the appellant husband had suffered tremendous mental agony and it was not possible for him to cohabit with the respondent,” the court added.

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