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Denial of physical relationship to husband & suspecting him of an extra-marital affair amounts to cruelty & is hence a ground for divorce, the Bombay High Court held while refusing relief to a woman challenging a Family Court's Divorce Order.

A division bench of Justice Revati Mohite Dere & Justice Neela Gokhale on Thursday said the woman's conduct can be construed as "cruelty" against her husband.

The Court dismissed the woman's petition challenging a family court order allowing the man's plea for divorce. The woman had also sought direction to her husband to pay her a monthly maintenance of Rs 1 lakh.

The couple got married in 2013, but started living separately in December 2014. In 2015, the man approached the family court in Pune seeking divorce on the grounds of cruelty, which was granted.

The woman, in her plea, stated that her in-laws had harassed her, but she still had love for her husband & hence, does not wish for the marriage to end.

The man, however, claimed cruelty on several grounds, including denial of physical intimacy, suspecting him of having extra-marital affairs & causing mental agony by embarrassing him in front of his family, friends & employees.

He further claimed that his wife deserted him when she left his house & went to her parents' home.

"The appellant's (woman) behaviour with the man's employees is sure to cause agony to him. Similarly, humiliating the man in front of his friends is also cruelty to him," the high court held.
It noted that the woman's apathetic & indifferent behaviour with the man's specially abled sister is also sure to cause pain to him & his family members, the Court said.

The court, while dismissing the woman's plea, said the marriage between the couple is broken without any possibility of being mended.

Case title-
PAB vs ARB (Family Court Appeal 53 of 2021


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