Whether conduct of husband of harassing wife as she was coming home late from work amounts to cruelty?
husband examined himself in support of their respective
allegations and counter allegations. Wife was cross
examined at length. In paragraph 10 of her examination in
chief it is stated by wife that due to tremendous mental and
physical stress she called her mother to reside with her for
some time. She states that in the month of August, 2012
she was late to return home from work place. Respondent
started abusing her saying that she was characterless and
having some affair. When her mother intervened he also
abused her mother in a third grade language. She then
states that her husband abused her physically by giving fist
blows on her face. She stated that thereafter it was the
habit of her husband to abuse her physically. She was
beaten with slaps and fists. On one occasion Police was
called and understanding was given to respondent that
strict action would be taken if he abuses his wife physically.
19] With the assistance of the learned Counsel for the
parties we have gone through the entire evidence of wife
and it can be seen that on these serious allegations
deposed by wife in paragraph 10 of her deposition
absolutely there is no cross examination. Those allegations
are therefore uncontroverted and in the absence of cross
examination they are required to be taken as proved.
20] It is apparent that learned Judge has not appreciated
the evidence of wife in proper perspective keeping in view
that certain important facts and serious allegations levelled
by her were not at all controverted by the husband leading
to the ultimate result that those facts which found place in
the pleadings and deposed in evidence were duly proved.
Even in the evidence of respondent we find that there is no
specific denial to the allegations levelled by wife in
paragraph 10 of her pleadings and evidence. Thus on the
basis of evidence on record it is clear that conduct of the
husband in suspecting the character of wife, physically
assaulting and harassing her as she was coming home late
from work place due to the nature of her job are the facts
duly established amounting to cruelty and wife is entitled to
a decree of divorce on the ground of cruelty.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
Family Court Appeal No.33 of 2016
Smt. Vibha w/o Arun Goswami,
V
Arun s/o Narayan Goswami,
Coram : Smt. Vasanti A Naik &
Kum. Indira Jain, JJ.
Dated : 14th September, 2016.
https://www.lawweb.in/2016/09/whether-conduct-of-husband-of-harassing.html
