Friday, February 15, 2013
Woman with a 18 year old daughter alleges that husband had sex with sister !!! Still gets maintenance after divorce !! Long live justice and rule of law
".....However, the judges quashed and set aside the family court's order disallowing Naina's plea for maintenance and separate residence for herself and their 18-year-old daughter. They directed the court to reconsider Naina's plea afresh.......
=== news ========
MUMBAI: The high court on Thursday upheld the divorce granted to a man whose wife alleged he had illicit relations with his sisters, saying such allegations were bound to cause him mental cruelty.
A division bench of Justices A M Khanwilkar and A R Joshi was hearing a petition filed by Naina Patel challenging a family court's December1, 2011, order granting divorce to her husband Nilesh, saying it was mental cruelty on her part and that she deserted her husband. The family court had said this disentitled her petition for maintenance and separate residence for herself and her daughter.
The judges said the decree of the family court ought to be upheld on grounds of cruelty, considering that Naina—in her response to her husband's two letters—mentioned the alleged illicit relations between Nilesh and his sisters. "Suffice to say the same are serious and disparaging remarks," said the judges, adding that she went on to justify that it was made on the basis on her "inner feeling".
"The making of such false, frivolous and unsubstantiated allegations against the husband in the communication as well reiterating the same in (a) written statement, and also in the oral evidence given by the wife before the court, was bound to cause mental cruelty to the husband," said the judges, adding that it was a clear attempt to "sully the reputation" of Nilesh and his two sisters, a lawyer and a doctor.
"That is a good and germane ground(s) for dissolution of marriage," they wrote. The judges noted that the family court had rightly concluded that Naina showed intentions to bring "cohabitation to an end" and refused to go with Nilesh and his family when they came to take her home.
However, the judges quashed and set aside the family court's order disallowing Naina's plea for maintenance and separate residence for herself and their 18-year-old daughter. They directed the court to reconsider Naina's plea afresh.
(Names changed to protect identities)
Woman loses plea over illicit relation charge