A city-based woman, who had sought separate residence in her husband’s Byculla flat, has challenged an order of the family court that granted divorce to her husband on the grounds that she had made unsubstantiated allegations of an illicit relationship between him and his sisters.
The family court had on December 1, 2011 allowed the husband’s petition seeking divorce and held that the “wild allegations” made by the wife “can amount to mental trauma.” The wife had contended that she had made the allegation of an illicit relationship between the husband and his sisters “due to her inner feelings.” She also said she “personally saw” her husband and his sisters in acts that would justify the allegations.
The husband had, however, denied the allegations. He said his elder sisters were spinsters and were well-educated and respected in their professions. While one sister is a lawyer, the other is a doctor, he had said.
They couple married in 1990 and had a daughter in 1992. The husband filed for divorce in 2006 after the wife left his house in Mazgaon along with their minor daughter and started living with her family in Vasai.
Under Section 18 of the Hindu Adoption and Maintenance Act, the wife had sought separate accommodation in a flat owned by the husband in Byculla. The wife’s lawyer told the court she did not want a divorce but wanted separate residence. Citing financial difficulties, she had also sought monthly maintenance of Rs 40,000 for herself and their daughter.
However, Justices A M Khanwilkar and A R Joshi told the wife’s lawyer that to avail maintenance and separate residence under Section 18 of the Act, she will have to show the court a good case. Her lawyer said she was compelled to leave her husband’s home because of continuous harassment by him and his sisters. He said they repeatedly called her, “Chor (Thief).”
“At best that could be humiliation. You have to show that staying with him (husband) was harmful for your life,” said Justice Khanwilkar. After hearing the submissions made on behalf of the husband and the wife, the court reserved its judgment in the case.
