The Nagpur bench of the Bombay High Court has granted a man divorce, ruling that posting a matrimonial profile online during divorce proceedings is mental cruelty. According to a division bench comprising justices Atul Chandurkar and GA Sanap, on reviewing the wife’s marital profile, it can be seen that she was already committed to the second marriage, even before the divorce petition was approved by the High Court. Her matrimonial profile was posted on two such sites, where she clearly stated that she was awaiting the divorce in a pending case. The bench quashed the Akola family court verdict, adding that the wife’s move made her intention very clear.
For deciding the question in controversy, the documents produced were in the form of the matrimonial profile uploaded by her on October 22nd, 2020. From this, it could be inferred, that she wanted to get rid of her husband and remarry. Her conduct was inconsistent with the facts stated in her written statement. After getting married on July 4, 2014, the couple went to Panjim, where the husband worked in the judiciary. After the honeymoon period, discord developed between the pair as the wife wanted him to leave that job and find another one in Akola so that she could remain near her parents.
After his refusal, she allegedly harassed him and refused to maintain any relations with him. As a result, she allegedly opposed any idea of motherhood and went to her paternal home in Akola under various pretexts. In Akola, she also filed a police report against him, as well as one with the women’s commission, alleging that the husband and in-laws used to demand dowry and harass her. Also, she filed a claim for protection of women from domestic violence with the Akola Family Court.
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Apparently fed up with her behavior, the husband filed a divorce petition in the same court, claiming that she had caused him mental pain and agony and made his life miserable. ‘His appeal was rejected; however, he challenged it in the HC. In the course of the petition, the wife made a conscious decision to marry again. She decided not to pursue a marriage with her husband by failing to apply for the restoration of conjugal rights. Based on the facts and circumstances, we are of the opinion that the family court judge’s denial of divorce cannot be sustained,’ the judges said.
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