The Bombay high court’s Nagpur bench has granted divorce to an Aurangabad man after his estranged wife uploaded her profile on two matrimonial websites for a second marriage even as their divorce proceedings were pending before a family court at Akola. In her profile, the woman declared she was “awaiting divorce.”
A division bench comprising of Justice AS Chandurkar and Justice GA Sanap said the uploading of the profile was a clear indication that she has “decided to get rid of her estranged husband” and remarry even before the family could decide on their divorce.
It noted in the profile, she has stated she is awaiting the divorce.
“In our opinion, the respondent (wife) by uploading her profile on two matrimonial websites made her intention writ large,” said the court. “On the basis of this document, it can be inferred that she wanted to get rid of the appellant and perform the second marriage.”
The couple got married in July 2014 and began living in Panjim, where the husband was posted at that time. But soon the woman started complaining she was uncomfortable in Panjim and insisted her husband give up his job and shift to Akola.
The bench said the evidence clearly indicates the woman had no wish and desire to remain with her husband. “If the respondent had a sincere wish and desire to save her marriage, she would not have taken a conscious decision to perform the second marriage even before the final outcome of the divorce petition,” said the bench.
The high court noted the woman lodged complaints with Panjim and Akola police as well as the employer of her husband. It added she levelled unsupported allegations against him. The court held the woman made the life of her husband miserable and therefore he was entitled to divorce also on that ground.
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