‘Unfaithful’ doctor’s divorce plea rejected by Bombay HC

MUMBAI: An unfaithful man’s bid to seek divorce as his wife subjected him to “cruelty” was thrown out by the Bombay high court. A division bench of Justices Abhay Oka and Ajay Gadkari agreed with the Bandra family court’s ruling that Dr Manish Shinde’s conduct did not entitle him to relief.
Manish admitted that he had an illicit relationship with another woman and had two children from it, when his plea for divorce from his wife Sheela was pending in court.
“This admission proves the wife’s contention that divorce was sought with an oblique motive. His intention was to marry the (other woman),” said the judges. “That is why the family court held that he was not entitled to relief under the Hindu Marriage Act considering his conduct. There was every justification for the family court to disbelieve the husband’s version on the alleged acts of cruelty by his wife.” The court also directed Manish to pay Rs25,000 to Sheela as costs for the litigation.
Manish and Sheela had married around 1980. They had a daughter, but the relationship soon soured and they started living separately. There was a reconciliation in 1985, but Manish filed for divorce on grounds of cruelty in 1986. Even as the divorce petition was pending before the family court, Manish had a relationship with Babita. A daughter was born out of the relationship in 1990 and a son in 1993. Manish claimed he had a relationship with Babita as Sheela had deserted him. Manish filed an appeal in the HC when a family court rejected the divorce plea in 2006.
Manish’s attempt to secure divorce, saying that he and Sheela had been living separately for over 20 years, did not impress the court. “As of today, the grounds of irretrievable marriage are not incorporated as grounds of divorce under the Hindu Marriage Act,” the high court said.
(Names changed to protect identities)