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Wife's allegation of dowry demand & alcoholism didn't amount to cruelty
Harish Kumar Vs Sarita
About/from the judgment:
The High Court has observed that normal wear and tear in a marital relationship is to be expected, however, it cannot be a reason to end the relationship.
The Bench observed that the allegations made by the wife against husband demanding dowry and indulging in alcohol consumption, do not tantamount to making serious allegations impinging on his character, to such an extent, that they would be the cause of immense mental agony and cruelty to him.
The Court was dealing with an appeal filed by a husband challenging the Family Court order by way of which his divorce petition filed under the ground of cruelty was dismissed on the ground that he was unable to establish the said ground.
The parties were married in 2008 and had two children, a son and a daughter. Both the children were residing with the respondent wife. The petitioner husband had been residing separately since October, 2014.
It was the case of the husband that the wife was convicted under Section 323 IPC for causing simple hurt to him. However, despite that being the position, the Family Court had discarded the said incident while discussing the merits of the case.
It was also submitted by the petitioner husband that serious allegations were made against him by the wife alleging that he demanded dowry and was a drunkard, which were not substantiated before the Family Court.
Stating that the said allegations were baseless and false , it was the petitioner's case that they also tantamount to causing mental cruelty to the him.
While dismissing the appeal, the Court observed thus:
"In our view, the Family Court has correctly appreciated the facts and the law. Normalwear and tear in marital relationship is to be expected, and cannot be a reason to end the relationship. Hindu Marriage is a sacrament, and the parties have two minor children, who are the responsibility of both the parents to look after."
The Court further added,
"Moreover, the past conduct of the Appellant shows that the allegation of the Appellant indulging in drinking of liquor is not false," the Court added.
Read the Judgment
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