The Bombay High Court has rejected a petition filed by a husband seeking divorce, claiming that his wife has deserted him, knowing well that he has an aged grandmother and mother, who are bed ridden, and leaving him amounts to cruelty. The husband in his plea claimed that they got married in 1995 and few years later, the wife started living separately. On many occasions, he tried to persuade her to return, but she did not agree. Moreover, she has filed application seeking monthly maintenance amount of Rs 1,500 from him, even though she is not willing to cohabit with him, which again amounts to cruelty and he be granted divorce. The wife though refuted the allegations and on questioning by the court, whether she was willing to co-habit with the husband, refused it. She argued that after marriage when she went to reside with her husband, she discovered that his (husband) elder brother and mother were suffering from mental illness. The grandmother instigated the husband to abuse and assault her. Thus, she started living separately. Further, she also said that there was no malafide intent behind claiming the monthly maintenance. The court, after going through the testimony of either parties, said: "Upon careful perusal of the entire evidence placed on record, we are of the considered view that the allegations made by the husband regarding cruelty are too vague and general in nature. General allegation that the wife often visited her parental house cannot constitute as cruelty. He has not placed on record any medical evidence to show that his mother and grandmother are bed ridden." The court further added: "On appreciation of the entire evidence on record, we find that the appellant (husband) has not established that the wife has treated him with cruelty and that she has deserted him without any reasonable excuse."

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