Family court rules out maintenance to educated wife, who spurned husband’s request to stay with him
The Gandhinagar family court, after around 4 years, dismissed the plea by a woman for maintenance from her husband on the grounds that she was educated and had not complied with his request that she return to his residence. Principal judge DT Soni, however, ordered him to pay Rs 4,000 towards maintenance of his minor daughter.
Taranand Narendra Zha (35), a resident of Punam Sagar complex in Mira Road and manager at a crockery exporting firm, befriended Reena Sharma, an Ahmedabad resident through a social networking site, and the two got married on January 17, 2005. However, after six months, Reena filed a case against the family members of her husband at Mira Road police station under IPC sections 498A (husband or relative of husband of a woman subjecting her to cruelty), 406 (intentional breach of trust), 34 (common intent). However, the family was acquitted of all charges after Reena failed to establish grounds of cruelty.
“I was ready to accommodate my wife, but she spurned my proposals. I procured a decree in 2010 from Thane court as per section 9 (conjugal rights) of the Hindu Marriage Act, but my wife did not responded,” said Zha.
“Reena later filed for a maintenance of Rs 7,500. However, the principal judge dismissed her plea saying she had not responded to her husband’s request to live with him, and that, she was an educated woman with a masters degree and had been teaching when she stayed at Mira Road,” said Zha.
The judge, however, ordered me to pay Rs 4,000 towards maintenance of my 7-year-old daughter, he added.
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Finding that a wife’s telephone conversations at odd hours with her male friend without her husband’s consent and knowledge amounted to cruelty, a Bench of Kerala High Court has granted decree of divorce for an aggrieved NRI husband. The petitioner had moved the division Bench after a Kannur family court rejected his plea for divorce. The court allowed legal separation, but rejected his plea for divorce due to their daughters’ future. According to the petitioner, he had gone to Saudi Arabia in 2001 after his love marriage with the respondent when he got anonymous calls from Kerala about his wife’s extra-marital relation. On recieving details, he rushed back home in 2008. The exorbitant telephone bills at his house aroused his suspicion. A detailed call list showed prolonged calls made to a particular number late at night three days a week. On tracking the number, he found it belonged to his wife’s classmate. With the evidence, he moved a divorce petition in the family court alleging adultery and cruelty. He moved an appeal in the HC in May this year. Though the wife impeded in the case, the court did not hear her. While delivering the verdict Friday, the Bench did not consider the family court’s reason for not granting divorce; that the couple’s twin daughters’ future was at stake. It found that the telephone calls at odd-hours to another man without the consent of the husband amounted to cruelty, inviting the decree of divorce.
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