Court grants divorce after wife walks 10 km to avoid sex
By Sunil BaghelSunil Baghel, Mumbai Mirror | Jan 13, 2014, 11.15 AM IST
A family court granted divorce to a man 10 years after his wedding, as his wife refused to consummate the marriage. The couple lived together for just 15 months. The court granted the divorce on the grounds of cruelty, observing it was "a case of total dissatisfaction."
The husband, in his petition, had stated that his wife used to come home in Chunabhatti from a personality development class in Prabhadevi walking. The distance between the two places is roughly 10 km.
He said she used to do that to delay reaching home; and would avoid any conversation or physical contact. She also used to spend a lot of time over the phone talking to her friends or relatives but wouldn't talk to him, he said. "I find that absolute non-cooperation and aloofness in a marriage would certainly harm a good marital tie. It can be believed that the petitioner (husband) must have reached a level of frustration due to the behaviour of the respondent (wife) after he had put in his best efforts to improve the situation," observed Principal Family Court judge Laxmi Rao, while passing the order.
The court also brushed aside all counter-allegations, except for desertion by husband, which he himself had accepted.
The couple, aged 43 and 38 years, got married in February 2004 in Mumbai and started living at the husband's place in Chunabhatti.
According to the husband's petition, the wife was very silent and uncooperative right from the beginning. "She did not share her feelings nor did she discuss anything about her family, work or herself. She gave an impression that she was scared of the marriage," alleged the petition.
The husband then discussed this with her family members, but he was told she had always been like that. He then got her enrolled in a personality development class in Prabhadevi. But she started walking her way back home despite carrying enough money with her.
The wife also filed her reply but the court found that there were inconsistencies in her evidence.
The wife alleged that it was the husband who was not willing to consummate the marriage and that he and his family members ill-treated her and demanded dowry from her.
But the court observed that the wife never made any complaint against the husband or his family members for ill-treatment. Moreover, she never complained to her family members about the non-consummation of marriage.
She also said that she was not allowed to work, despite the fact that she had filled up forms for competitive examinations and received letters from BARC and BMC. The family court found out that this took place before she got married.
The court also observed, that though a couple of her relatives had tried to reconcile the differences, the wife, while giving evidence in court, said the she had lost hopes of leading a matrimonial life with this person. Observing that the couple had lived apart since May 2005, the court granted them divorce.
The husband, in his petition, had stated that his wife used to come home in Chunabhatti from a personality development class in Prabhadevi walking. The distance between the two places is roughly 10 km.
He said she used to do that to delay reaching home; and would avoid any conversation or physical contact. She also used to spend a lot of time over the phone talking to her friends or relatives but wouldn't talk to him, he said. "I find that absolute non-cooperation and aloofness in a marriage would certainly harm a good marital tie. It can be believed that the petitioner (husband) must have reached a level of frustration due to the behaviour of the respondent (wife) after he had put in his best efforts to improve the situation," observed Principal Family Court judge Laxmi Rao, while passing the order.
The court also brushed aside all counter-allegations, except for desertion by husband, which he himself had accepted.
The couple, aged 43 and 38 years, got married in February 2004 in Mumbai and started living at the husband's place in Chunabhatti.
According to the husband's petition, the wife was very silent and uncooperative right from the beginning. "She did not share her feelings nor did she discuss anything about her family, work or herself. She gave an impression that she was scared of the marriage," alleged the petition.
The husband then discussed this with her family members, but he was told she had always been like that. He then got her enrolled in a personality development class in Prabhadevi. But she started walking her way back home despite carrying enough money with her.
The wife also filed her reply but the court found that there were inconsistencies in her evidence.
The wife alleged that it was the husband who was not willing to consummate the marriage and that he and his family members ill-treated her and demanded dowry from her.
But the court observed that the wife never made any complaint against the husband or his family members for ill-treatment. Moreover, she never complained to her family members about the non-consummation of marriage.
She also said that she was not allowed to work, despite the fact that she had filled up forms for competitive examinations and received letters from BARC and BMC. The family court found out that this took place before she got married.
The court also observed, that though a couple of her relatives had tried to reconcile the differences, the wife, while giving evidence in court, said the she had lost hopes of leading a matrimonial life with this person. Observing that the couple had lived apart since May 2005, the court granted them divorce.
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