So if you are a man and want divorce, pray that your wife breaks into your house after alleging you are having extra-marital affair, and hopefully in your lifetime you will be granted divorce by supreme court, err high court in this case. Surely things are improving for men since Supreme Court’s Justice Katju’s comment to a husband who had applied for divorce: “you have waited for 17 years, you can wait for few more months”.
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Mina’s act of breaking into Amit’s house and alleging that he was having an extramarital affair were enough to prove the charge of cruelty, the court said. “The appellant [Mina] must have obviously caused tremendous hardship, inconvenience, unnecessary expenses, and mental anguish to the respondent,” the judges said in their order. “Such conduct would definitely constitute cruelty.”
Mina said she wanted to live with Amit, but the court observed that the couple had been living separately for 18 years, of which 10 were under the same roof.
Upholding the family court’s order granting divorce, the judges said, “The conduct of preventing the respondent from entering the matrimonial home is not the conduct of a wife who wants the marriage to be continued. Similar is the conduct of making unprovoked false allegations of an extramarital affair.”