Bombay High Court: Temperamental differences can’t be regarded as a ground for divorce
October 17, 2017The Bombay High Court on Thursday said that temperamental differences between husband and wife are a part of the “normal wear and tear of married life” and it can’t be regarded as a ground for divorce.
The Bombay High Court disposed of the appeal of a husband, who challenged the order of Pune family court. The court rejected his divorce petition filed on the ground of cruelty under section 13(1) (ia).
The couple got married in May 2006, after marriage, the couple began living with husband's parents at Hadapsar in Pune city. The couple had a son in February 2007. After which, the man sent a legal notice to his wife stating he and his parents have suffered “immense physical and mental displeasure” because of her “argumentative nature” and continuous request for separate home.
The petition was rejected by the Pune family court on the grounds that the charges of cruelty against the wife were disproven.
A bench comprising of justice Amjad Sayed and justice Manish Pitale of Bombay high court upheld the order of Pune family court.
The court said, “It is evident that the husband failed to show that his wife’s conduct was so abnormal that he could not reasonably be expected to put up with it.”
The court further added, “From the material on record, it appears that there were temperamental differences between the spouses, but only this ground does not entitle him for a decree of divorce.”
The Bombay High Court disposed of the appeal of a husband, who challenged the order of Pune family court. The court rejected his divorce petition filed on the ground of cruelty under section 13(1) (ia).
The couple got married in May 2006, after marriage, the couple began living with husband's parents at Hadapsar in Pune city. The couple had a son in February 2007. After which, the man sent a legal notice to his wife stating he and his parents have suffered “immense physical and mental displeasure” because of her “argumentative nature” and continuous request for separate home.
The petition was rejected by the Pune family court on the grounds that the charges of cruelty against the wife were disproven.
A bench comprising of justice Amjad Sayed and justice Manish Pitale of Bombay high court upheld the order of Pune family court.
The court said, “It is evident that the husband failed to show that his wife’s conduct was so abnormal that he could not reasonably be expected to put up with it.”
The court further added, “From the material on record, it appears that there were temperamental differences between the spouses, but only this ground does not entitle him for a decree of divorce.”
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