New Delhi: Making allegations is unfounded and false to a person’s partner regarding the unparallantism of life partners and divorce can be given about the land, the Supreme Court has said and upholds the Delhi High Court order that allows divorce on the land.
Judge L Nageswara Rao and Aniruddha Bose refused to disrupt HC’s verdict and rejected the petition of a woman who had made the allegations against her husband in court and challenged the divorce given to his request.
The couple married in 2012.
But as soon as the marriage, the man moved the court who tried to declare null marriage and canceled on the ground that it could not be resolved because of the alleged impotence of the woman.
Replying to his charges, the wife handedth in the family court that the man suffered impotence (erectile dysfunction) which was the true cause of non-improvement of marriage and also that his in-laws demanded dowry and he was treated cruelly.
The man then looked for a divorce for a cruelty because of making false charges against him.
When the wives accusation was found baseless after checking medical reports and taking into account the statement of a medical expert, the family court allowed the divorce to the man.
The woman then moved the High Court, who rejected its request and said the allegations were “graves and serious”, and most likely affected the mental well-being.
“So, taking into account the law on this issue, we did not find weaknesses in the court’s findings and observations of the court that the applicant’s accusation (wife) in a written statement in connection with the impotence was clearly in the concept of cruelty as defined in law,” said the High Court.
The wife approached the Supreme Court and begged that divorce with the land of atrocities would be canceled and he was allowed to diverse through joint agreement.
But his request was opposed by his husband’s advocate, Prabhjit Jauhar.