‘Abor­tion sans hubby’s nod is cru­elty’

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He added that his wife al­ways ex­pressed un­hap­pi­ness with the wed­ding and also said that he was not her first choice be­cause of his dark com­plex­ion, be­cause he was much older than her and was not at­trac­tive.

Man said his wife also re­fused to es­tab­lish re­la­tion­ship of hus­band and wife with him. This caused him a great deal of men­tal agony and pain. It was only af­ter con­tin­u­ous efforts for two months by him, his mother and other rel­a­tives as well as par­ents of the wife that she agreed to con­sum­mate the mar­riage.

The man also claimed that she was rude to his old mother but on sev­eral oc­ca­sions also as­saulted her.

The court ob­served, “One or two in­ci­dents of tor­ture or ha­rass­ment or mis­be­haviour do not con­sti­tute cru­elty. It is the con­sis­tent and con­tin- uous con­duct of a spouse, dur­ing the ex­is­tence of the mar­riage which needs to be con­sid­ered in its to­tal­ity, to judge if the con­duct was such that it amounted to cru­elty.”

“It is the con­tem­po­ra­ne­ous con­duct of the spouse which is ma­te­rial. Nor­mal wear and tear of a fam­ily life is not suf­fi­cient to con­sti­tute cru­elty. The cru­elty should be of such na­ture which makes it dif­fi­cult for the other spouse to live in the mat­ri­mo­nial home,” it added.

The court also ob­served that the hus­band had proved the cru­elty meted out to him which was suf­fi­cient to prove that he was sub­jected to men­tal agony.

Man said his wife was against birth of 2nd child as she felt it would harm her phys­i­cal beauty

Delhi High Court dis­missed the plea of a wife seek­ing stay on di­vorce.

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