Man assaulted by wife, gets divorce
SUNDAY, NOVEMBER 07, 2004 06:49:04 AM ]
NEW DELHI: It's not always women who suffer
due to cruelty and assault by their errant husbands. A husband too
has been able to get divorce from his wife on grounds of assault
and abuse. Before the SC granted him divorce on the charge of
cruelty and assault by his wife, the man had lodged complaints
with the Mahila Samiti in 1993. He suffered a fracture after his
wife slapped him and pushed him against a wall.
Rearing the two children himself as his wife, surprisingly, lives
with her husbandís parents, the man charged her with both both
physical and mental cruelty. While the trial court granted him
decree for divorce, his wife challenged it and sought restoration
of conjugal rights.
She succeeded in the high court, which held that the
allegations of abusive behaviour by the wife were not proved. The
aggrieved husbandís counsel argued that it was not necessary for
a husband to establish from written statement that the wife was
abusive. She had made the charge of adultery during the
proceedings for maintenance, which she got ó Rs 800 a month.
A Bench of Justices Ruma Pal and Arun Kumar dismissed the wifeís
plea for restoration of conjugal rights and upheld the decree for
divorce that the husband had got about a decade ago.
Since the two children of the estranged couple were being brought
up by the father, no maintenance could be paid for them. But as
there was an increase in the husbandís income, his wife should
be given enhanced maintenance of Rs 1,500 per month from November