HC grants divorce to wife whose husband didn’t earn

NAGPUR: In an interesting verdict, the Nagpur bench of Bombay High Court granted divorce to a Buldhana-based wife on her contention that her husband didn't earn anything. She also forfeited a claim of maintenance from husband for the same reason. However, the high court directed the husband and other in-laws to pay Rs7,000 to her.
“We have seen wife’s affidavit and find that the compounding should be allowed in order that she should live peacefully, since she also doesn’t want to live with her husband who doesn’t earn anything,” a division bench of Justices Arun Chaudhari and Justice PN Deshmukh stated.The court, however, also granted respite to the husband from Akola, his two brothers and wife of one of them, by allowing their prayers of quashing a police complaint against them filed by the wife.
Shishir, an autorickshaw driver, and Suparna (names changed) entered into wedlock on May 6, 2013, in an arranged marriage. Soon, trouble started between them as Shishir hardly earned anything. He would rarely drive his auto due to which she had to face financial crunch. Finally, Suparna decided to break the marriage as Shishir refused to improve his behaviour. After the couple was separated, she lodged an FIR in the Buldhana police station against husband and his family members.
The police registered the complaint on November 14, 2013, and filed charge-sheet against Shishir and others. Even the trial was started in Buldhana sessions court. After some time, the couple decided to mutually settle the dispute with a view to avoid hassles of undergoing lengthy legal procedure. Being aware of her husband’s precarious financial position, the wife decided not to claim the maintenance from him.
Accordingly, Buldhana court dissolved their marriage on January 19 this year after both parties filed decree for divorce by mutual consent. Shishir and his brothers subsequently filed a criminal application with high court praying for quashing of police complaint after the couple amicably decided to settle their dispute and separate.
“We have enquired with wife on why she was not interested in claiming maintenance. She replied that her husband doesn’t earn anything and only sometimes goes for work of driving auto rickshaw. Therefore, she decided not to claim maintenance,” Justice Chaudhari and Justice Deshmukh observed. “We thus find that wife who desires separation from husband has been allowed to do so. She has also filed an affidavit on record on February 3 that she didn't want to live with her husband,” the court stated before asking the petitioners to pay Rs7,000 to wife.