Wife’s pubbing not cruelty, so no divorce: Bombay HC
MUMBAI: A Wadala resident’s bid to get divorce on grounds of cruelty by alleging that his wife, a businesswoman and resident of Pedder Road, liked to visit pubs and neglected their child and they had fights during their honeymoon failed in the Bombay high court.
A division bench of Justices Vijaya Kapse Tahilramani and Anil Menon refused to end the 20-year-old marriage of Seema and Rahul Sharma, though the couple has been living apart for 16 years now. “At best, evidence shows insuperable incompatibility between the parties falling short of cruelty. Be that as it may, irretrievable breakdown of marriage owing to severe and/or insuperable incompatibility does not amount to cruelty and as such no relief can be granted,” the judges said. The Sharmas had got married in 1994 and their son was born a couple of years later. In 1998, the couple began living separately, with the child opting to stay with his father. In 1999, Rahul filed for divorce alleging cruelty. The reasons he had listed included Seema being “rude, excessively socializing, going to pubs/discos, neglecting their son, throwing a vase and hot cup of tea and making false accusations”.
In 2012, a family court dismissed his plea for divorce, following which Rahul approached the high court.