Complainant Shankar appealed the judgment and decree of the Nagpur Family Court in which the complainant filed a notice of divorce for cruelty under Section 13 (1) (Ia) of the Hindu Marriage Act, 1955, which was dismissed.
In the petition, the complainant stated that his wife, the interviewee, was addicted to chewing tobacco, as a result of which she developed a cyst in the stomach. Therefore, the applicant had to bear enormous medical costs for her treatment. It was further determined that after January 17, 2012, the woman stopped living with his husband.
The Respondent disagreed with this request on the grounds that she had been exposed to the applicant’s cruelty and stated that she had not left his company in 2008 when his husband was suffering from HIV disease. However, she was later forced to leave her husband’s company.
The court, taking into account all the arguments and evidence, upheld the court’s decision and found that the applicant had not found any case to interfere with the court’s “reasoned finding”. The woman’s habit of only chewing tobacco is not a sufficient reason to issue a divorce decree. As if the marriage were dissolved, the children would suffer a great loss, there is no need to issue such a decree.