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Woman granted divorce on grounds of cruelty

The woman was married in Hyderabad in 2007 and later moved to the US

Thane: A local court granted divorce to a 34-year-old woman here on the ground that she underwent tremendous cruelty at the hands of her USA-based husband, who used to beat and harass her regularly after their marriage in 2007.

Allowing her plea for dissolution of marriage, the court presided by Additional Sessions Judge M C Khadke said, "the marriage of petitioner (34) and respondent (38) solemnised on 25.07.2007 is hereby dissolved on the ground of cruelty as per section 10(1)(x) of the Divorce Act.

The complainant, a resident of Mira Bhayander in Thane district stated in her complaint that her marriage was performed and solemnised with respondent Jally Ebenezer as per Christian customs and rites at Hyderabad. After marriage, they started residing together as husband and wife in Hapsiguda.

Later, the respondent left for Los Angles, USA and subsequently her mother-in-law came to the house and misbehaving with her. She also harassed the petitioner. Inspite of informing husband/respondent he used to support the mother, the woman said in her complaint.

It was also contended by her that when she went to USA after a call from the respondent on 21.11.2007, she was kept waiting at the airport for two hours. Then the respondent arrived there with Smriti Mulki introducing her as his friend and colleague. They both began to harass her and forced her to tell her parents that she was not incline to take any action. Also, the other woman began to live with the couple.

Besides, the husband, a teacher, used to force her to call her parents and demand money failing which he used to beat and torture her, the complainant said.

In her complaint, the woman contended that there was no issue from the wedlock and inspite of a legal notice through advocate for mutual consent divorce and Rs 2 lakh maintenance, the respondent gave a reply denying to pay any maintenance and make an arrangement for separate residence.

On these grounds, she prayed for dissolution of the marriage.

In his order, the judge also noted that a notice was sent to the respondent by DTDC on his address of California on September 23, 2013 and earlier on February 15 last year. Inspite of the knowledge of the notice being duly served, the respondent did not appear before the court. Hence, I pass the order of proceeding the marriage petition ex-parte against them on January 7, 2014 , the judge said.

( Source : PTI )
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