
In a bizarre case, a husband wanted to legally separate from his wife when he found out that she was only a graduate and not a postgraduate as she had promised before marriage.
The husband, 49, is a Class I PWD contractor in Somwarpet, Kodagu. His wife is 41 and from Kannur, Kerala. After the trial court had dismissed his case for divorce in Madikeri, he approached the High Court, reported Bangalore Mirror.
He had filed for divorce on the grounds of cruelty. He said that at the time of marriage, the parents of the wife told him that she had completed her post-graduation. However, the truth came to light only after marriage that she is a graduate.
He alleged that she was taking money from his pocket when they were living together and deposited it in a bank account. She was also allegedly not co-operating for a physical relationship and had illicit relationships with other persons. The wife had denied all allegations of cruelty made by the husband.
His advocate argued in the HC that the wife was living separately from him since 2010 and it was a case of desertion. This itself was cruelty, and a reason for divorce reported the Bangalore Mirror.
The court, however, was not too happy about the allegations. The High Court said that the husband was making baseless and trivial allegations against his wife. To dissolve the marriage, the cruelty aspect on which ground the petition was filed requires to be established. But the court found that he had failed to prove cruelty by the wife.
The court also said that in this time and age, a female having a friendship with a male cannot be understood as having an illicit relationship unless concrete evidence proves the same.
The court dismissed the husband’s plea and directed him to pay a maintenance of Rs 3,000 every month which a family court had imposed earlier.
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