HC grants man divorce, says wife played drama
When there was ample evidence before the Family Court, it should have concluded that the wife was so cruel to the husband and should have granted divorce as prayed by the husband. Instead, the finding arrived at on the contrary cannot be sustained since it was illegal, said the High Court. The husband was granted divorce.
The husband had approached the Family Court seeking divorce since he was fed up with her arrogance and cruelty. But the court dismissed the petition and he was constrained to file appeal in the High Court from where he got relief.
The High Court on appreciating the evidence found that she had levelled false and concocted allegations against him. The impact of the allegations is so grave and that it amounts to cruelty. It is so serious because the husband Rajkumar Nair was holding a position of status in the society, the High Court said.
The High Court came heavily down on Jaya, the wife and observed that her approach was nothing but an exercise of a foul play to mislead the court.
She had hurled baseless allegations of immorality against the husband and his father. But during her examination in the Family Court she told that immoral activities as alleged had not been witnessed by her at any point of time.
The High Court said that in such circumstances her contentions could only be viewed as concocted versions based on mere hearsay information and cannot have any evidentiary value.
Later, expressing her desire for a reunion she retracted. It can only be seen as an extent to humiliate and insult the husband even before a court of law, the High Court said.
She had said that she is withdrawing from such allegations for the sake of their children. But the High Court was so critical when it remarked that withdrawing from wild allegations can only be taken as a drama played by her to make up the mind of the court to get an order in her favour.
She said that she was desirous of reunion, but nothing fruitful was carried out. The High Court has concluded that the reunion though preached by her was not in fact intended.
Why the Family Court was carried away by her words? the High Court asked. The High Court granted the husband a decree of dissolution of the marriage.
There were materials before the Family Court to conclude that the parties had not cohabited for a fairly long time and the relationship was so strained that a reunion was not possible at all. The Family Court had given much stress to her versions, the High Court noticed.