Civil Judge Archana Beniwal rejected the Muslim man's plea also saying that he failed to prove that he had divorced her.
"Where the plaintiff (husband) himself claims to be in a confused state of mind regarding his marital status, and on one hand states that the defendant is the legally-wedded wife of the plaintiff and on the other hand states that the parties had continued with their marital relations after the pronouncement of talaq, equity cannot be said to be in his favour.
"By making contradictory averments in the plaint, the plaintiff is precluded from the grant of the relief of declaration and permanent injunction by his own conduct," the judge said while also imposing a fine of Rs 2,000 on him.
The man had said in his plea that his relation with his wife had become strained after her relatives began interfering in their lives after their marriage in 1997.
Alleging that his wife had begun misbehaving with him and had even filed a suit to divest him of his rights on a property bought by him, he said he had pronounced 'talaq' in 2008 to divorce her.
He added that he, however, resumed marital ties with his after she apologised, but she again stopped meeting her marital obligations and filed another case against him, rendering him to be a "stranger" as he had already pronounced talaq to her.
The woman, thereafter, demanded maintenance from him by claiming to be his legally-wedded wife in a petition filed in a family court here, he said.
He added that it led to filing of the suit by him to stop her from claiming to be his legally-wedded wife as he was confused about the status of their marriage due to the conduct of his wife.
The woman was served notice but did not appear in the court and was proceeded ex-parte.
