Mumbai:
A father not allowing his children to watch television continuously and forcing them to go to bed early cannot be termed as "cruelty", the Bombay High Court has held while dismissing an appeal of a 37-year-old Pune housewife who had sought divorce.
The woman, who had been married for 19 years and had a daughter and a son, alleged that her husband wanted their two children to watch Marathi programmes and not Hindi serials. She also claimed that the children were asked not to watch television continuously and to go to bed early.
Dismissing her appeal against a family court's order refusing to grant her divorce, Justices A P Deshpande and R P Sondurbaldota observed that such conduct cannot amount to harassment leading to mental cruelty.
The housewife examined her 12-year-old daughter to prove the charges of cruelty.
The judges cross-examined the daughter who did not support her mother's allegations of cruelty.
The bench disagreed with the appellant that her husband had indulged in cruelty by stealing toys of their children, beating them in front of their friends, not allowing daughter to operate computer at home and disconnecting television wire to prevent them from watching serials.
In the cross-examination, the daughter admitted that their father beat her and her brother often but it was only to discipline them. She further said that he kept the toys in cupboard to give them to her cousin. She also told the court that at the relevant time she did not know how to operate the computer.
The judges noted, "the four complaints made in the examination-in-chief which would otherwise make the respondent (husband) a villain, stand completely explained in the cross-examination which would show father to a good parent who wanted children to be disciplined, to be able to share toys with other children and not get addicted to television and also not use the electronic items that they cannot handle.
"One fails to understand how this conduct can amount to harassment leading to mental cruelty. The appellant has failed to establish that her husband had treated her with cruelty after solemnisation of marriage", the bench said in a recent judgement.
The court also noted that the allegations made by the appellant were of general nature and she had not cited any specific instances of cruelty.
The respondent denied all allegations and claimed that they had not separated and were living together as husband and wife in the matrimonial home with their children.
The woman, who had been married for 19 years and had a daughter and a son, alleged that her husband wanted their two children to watch Marathi programmes and not Hindi serials. She also claimed that the children were asked not to watch television continuously and to go to bed early.
Dismissing her appeal against a family court's order refusing to grant her divorce, Justices A P Deshpande and R P Sondurbaldota observed that such conduct cannot amount to harassment leading to mental cruelty.
The housewife examined her 12-year-old daughter to prove the charges of cruelty.
The judges cross-examined the daughter who did not support her mother's allegations of cruelty.
The bench disagreed with the appellant that her husband had indulged in cruelty by stealing toys of their children, beating them in front of their friends, not allowing daughter to operate computer at home and disconnecting television wire to prevent them from watching serials.
In the cross-examination, the daughter admitted that their father beat her and her brother often but it was only to discipline them. She further said that he kept the toys in cupboard to give them to her cousin. She also told the court that at the relevant time she did not know how to operate the computer.
The judges noted, "the four complaints made in the examination-in-chief which would otherwise make the respondent (husband) a villain, stand completely explained in the cross-examination which would show father to a good parent who wanted children to be disciplined, to be able to share toys with other children and not get addicted to television and also not use the electronic items that they cannot handle.
"One fails to understand how this conduct can amount to harassment leading to mental cruelty. The appellant has failed to establish that her husband had treated her with cruelty after solemnisation of marriage", the bench said in a recent judgement.
The court also noted that the allegations made by the appellant were of general nature and she had not cited any specific instances of cruelty.
The respondent denied all allegations and claimed that they had not separated and were living together as husband and wife in the matrimonial home with their children.
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