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Tobacco Chewing behavior of spouse is just not enough to grant the decree of divorce

An appeal was filed by the appellant named Shankar against the judgement and the decree passed by the Family Court, Nagpur in which the appellant via petition filed for a decree of divorce on the ground of cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 which was dismissed.

In the petition, the appellant stated that his wife i.e., respondent was addicted to chewing tobacco due to which she had developed a cyst in her stomach. Therefore, the appellant had to incur huge medical expenses for her treatment. It was further stated that the wife stopped living with his husband after 17th January 2012.

The respondent countered this application by stating that she faced cruelty from the appellant and stated that in 2008, when his husband was suffering from HIV disease, she did not leave his company, however, later she was constrained to leave the company of her husband.

The court, on taking into consideration all the arguments and evidences, upheld the decision given by the trial court and stated that there is no case made out by the appellant to disturb the “well-reasoned finding” of the trial court. It held that the wife’s habit of chewing tobacco alone is not sufficient reasoning to grant a decree of divorce. As if the marriage is dissolved the children would suffer a great loss, there is no reason to grant such decree.

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