HC dissolves strained marriage of couple

A couple trying to take advantage of an "unfortunate incident" of abortion in their litigation against each other, indicated their strained relations, Delhi High Court has said while dissolving their marriage.

A bench of Justices Pradeep Nandrajog and Pratibha Rani observed that their marriage was a "total wreck" and could not be salvaged despite several efforts for conciliation before the trial court.

The court said that allegations levelled by the husband that his wife got the foetus aborted without his consent was false and similarly the assertion by the woman that miscarriage was caused as she was beaten up by her in-laws and spouse was also "ex-facie false".
 

"From the incident of abortion, the two trying to take advantage by painting the backdrop to the incident ... Is an indication of the relations between the two being extremely strained from very inception of their marriage," the bench said.

The bench, which allowed the plea of the husband seeking divorce, observed that within four months of their marriage in March 2011, the couple had made a "fair mess" of themselves and "exaggerated every minute aspect which occurred in their day-to-day life".

"Evidence establishes that both (wife) and (husband) gave a very serious twist to the unfortunate abortion which she had. It establishes that the couple has the propensity to twist facts so as to suit their convenience," the bench noted.

The couple had filed separate petitions in the high court challenging the January 2014 orders passed by the trial court which had dismissed their separate pleas in which the man had sought divorce while the woman had sought restitution of conjugal rights.

During adjudication of their pleas before high court, both of them had denied the allegations levelled against them.

However, the bench said, "We hasten to add that since both parties have tried to take advantage of an unfortunate incident, there is complete blurring of evidence as to which gynaecologist (the wife) went to armed with the ultrasound report. Both parties have withheld said evidence because its production would be fatal to the respective stand."

"Human may tell a lie, but documents don't. The ultrasound report tells its own story," the bench said while adding that abortion was the "compulsion of medical science" as the foetus did not have any cardiac activity.

"It is a case of mutual cruelty inflicted against each other. Senseless mental torture continued all through when the parties cohabited," it said and dismissed the plea filed by the wife.