Hyderabad: In a recent judgement by the Secunderabad family court, a woman’s plea for divorce was rejected on grounds that she couldn’t prove acts of cruelty by her husband. The woman had filed for a divorce under Section 13 (1) (ia) of Hindu Marriage Act, 1955, alleging cruelty by the husband. Her husband contested that the case stating there was no cruelty.
The court for the particular case noted that the wife couldn’t produce any substantial documentary evidence to establish cruelty on the husband’s part. The court noted the need for witnesses or some documentary proof of violence like a police FIR or record of injury inflicted, which the wife failed to get. They noted disparities in terms of the evidence produced and in terms of the witnesses produced.
The couple had been married for ten years but fell apart as the woman claimed the husband had engaged in drunken brawls and infidelity.
The court after hearing both sides, found no merit in the claims made by the woman.
On these grounds, the court dismissed the petition for divorce. The advocate, who was working closely with the case, informs that the dismissal was a blessing in disguise as it brought the family together, even if it was for their two children’s future.
“Such cases are rare, where divorces are being dismissed on basis of cruelty, but one must have proper grounds to establish the same” says advocate G. Vijalaxmi.
She adds that counselling plays a very important role and can help avoid the disintegration of family.
