6 months ago
2
The Bombay High Court has dissolved a matrimony that had collapsed much than a decennary ago, ruling that repeated threats or suicide attempts by a spouse magnitude to intelligence cruelty nether the Hindu Marriage Act. The tribunal besides pulled up the hubby for filing a false affidavit denying his 2nd marriage, calling it “perjury” and “criminal contempt.”
A Division Bench of Chief Justice Shree Chandrashekhar and Justice Gautam A. Ankhad, successful a judgement delivered connected November 14 made disposable connected November 19, allowed the entreaty of Yogendra Lahu Bhoir against a 2019 Family Court bid that had rejected his divorcement plea. Mr. Bhoir joined Prema successful May 2006, but the mates separated successful September 2012. Litigation began successful 2013 and dragged connected for implicit a decade.
The hubby cited desertion, suspicion, and repeated termination threats arsenic grounds for divorce. The High Court agreed, noting that specified behaviour makes it intolerable for the different spouse to unrecorded successful a peaceful environment.
“When specified behaviour is repeated, whether done words, signs oregon gestures, it becomes intolerable for the different spouse to proceed successful the matrimonial narration successful a peaceful environment,” the Bench observed.
The judges criticised the Family Court for ignoring these allegations and stressed that prolonged separation itself amounts to cruelty.
“From the facts connected record, it is evident that the marital narration betwixt the parties has wholly breached down and reconciliation is nary longer possible. Continuation of specified a matrimony would lone perpetuate the cruelty which the parties are inflicting connected each other,” the tribunal bid read.
During the appeal, the woman alleged that Mr. Bhoir had remarried. Though helium denied this in an affidavit dated February 14, 2025, a constabulary enquiry confirmed helium was surviving with different pistillate and their child. The Bench called this a superior breach, saying, “Filing mendacious affidavit successful the judicial proceedings surely would magnitude to not lone perjury but besides attracting the proviso of Section 277 of the Bhartiya Nyaya Sanhita, 2023, but besides would magnitude to Criminal Contempt of Court.”
Granting divorce, the tribunal directed Mr. Bhoir to wage ₹25 lakh, transportation 2 flats in Mumbra, and manus implicit 80 grams of golden to his erstwhile wife as full and last settlement.
