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A judge dismissed a husband's plea for a decree of divorce, that he filed against his own wife for her habitual chewing of tobacco. The Bombay High Court ( Nagpur Bench) last week ruled that the wife’s habit of chewing the tobacco alone is not sufficient to take a decree of divorce.
The division bench of Justice AS Chandurkar and Justice Pushpa Ganediwala dismissed the appeal filed by the 42-year-old after noticing that all the allegations leveled by him were general and ambiguous in nature. The man has moved to the High Court seeking an appeal after a family court at Nagpur in January 2015 dismissed his divorce petition. The appellant said that his marriage was solemnized in the year 2003 with all the rituals and ceremonies with Buddhist rites, and have a daughter and a son with his wife. He alleged that she didn’t perform her duty as a housewife, and also alleged that she quarrels with his parents, and leaves the matrimonial house without any prior information.
He added that his wife has a habit of chewing tobacco and has developed a cyst in her abandon because of that, and he has to incur heavy expenses for getting that surgically treated. The family court however rejected the petition That the allegation was not sufficient to grant a decree of divorce on the ground of cruelty. The judges said that so far treatment was concerned by each other the husband was on a better footing than her husband, as she cohabited with him almost two years after he was found HIV positive in 2008.
The Court said that if the marriage was dissolved what about the children, The children would suffer, and it was in the best interests that the marital tie remains intact.
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