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The Bombay High Court finally granted divorce to a woman from Byculla who was being ill-treated by her husband from the early days of their marriage, until they separated seven years ago.
The Bombay High Court finally granted divorce to a woman from Byculla who was being ill-treated by her husband from the early days of their marriage, until they separated seven years ago.
Although the husband had admitted to all allegations of cruelty levelled against him by the wife, the family court had rejected the wife’s plea for divorce on the grounds that it was against
public policy to accept the admission of the couple for seeking benefit from the law. The high court, however, quashed the family court’s order and observed that the written statement made
by the husband proved the charge of cruelty as described under the Muslim Marriages Act, and since the couple had been living separately for the past seven years, there was no scope for them
seeking reconciliation. The couple got married in Ahmedabad in 1998, as per Muslim law. However, the wife claimed that the husband did not accept her as his wife and would keep a distance
from her. Several attempts to resolve the issue did not work. Thus, she moved out of the house and in October 2011, moved the Bandra family court for the dissolution of her marriage. The
husband also filed a written statement admitting that the allegations made against him were, in fact, true. However, the family court rejected the plea, which was challenged in the high
court.