Notably, the husband’s plea for divorce was dismissed by a family court in Bilaspur on the ground that he didn’t opt for a DNA test while alleging adultery against his wife.
Further, the High Court took note of the fact that the wife had filed a First Information Report (FIR) against her husband and in-laws claiming domestic violence and dowry demand. It noted that the said FIR was lodged after nearly 12 years of their marriage which took place in 1996.
“True, it is, that the husband and his family have been acquitted, but it appears that no allegations as such were ever made by the wife prior to lodging of the alleged FIR in 2008, based upon which the husband was put in jail for some time. Levelling allegations after such a long time would have thus caused a mental cruelty upon him,” the Court ruled.
The judges further noted that the marriage between the couple has irretrievably broken down, and therefore, it is dead for all purposes and cannot be revived. Therefore, the Court granted a decree of divorce to the husband under Section 13 (1)(i) of the Hindu Marriage Act.
Source: Barandbench
