Defaming husband without substantiation amount to cruelty: Bombay HC
Mumbai (PTI): The Bombay High Court has said defaming husband and calling him a womaniser and alcoholic without substantiating the allegations amount to cruelty, and upheld a family court order dissolving the marriage of a Pune-based couple.
A division bench of Justices Nitin Jamdar and Sharmila Deshmukh in its order passed on October 12 dismissed an appeal filed by a 50-year-old woman, challenging a November 2005 decree passed by a family court in Pune dissolving her marriage to a retired Army official.
The man died pending hearing of the HC appeal following which the court directed for his legal heir to be added as a respondent.
The woman in her appeal claimed her husband was a womaniser and alcoholic and due to these vices she was deprived of her conjugal rights.
The bench said the wife's conduct in making unwarranted and false allegations against her husband's character results in damage to his reputation in society and this amounts to cruelty.
The HC in its order noted that apart from her own statement, the woman has not produced any evidence to substantiate her allegations.
The deceased man's lawyer told the court that the petitioner woman had caused mental agony to her husband by making false and defamatory allegations against him.
The court referred to the husband's deposition before the family court wherein he had claimed that the petitioner separated him from his children and grandchildren.
It is a settled position in law that 'cruelty' can broadly be defined as a conduct that inflicts upon the other party such mental pain and suffering as would make it not possible for that party to live with the other, the high court said.
The bench further noted that the petitioner's husband was an ex-Army man who retired as a Major, belonged to the upper strata of society and had a standing in society.
The conduct of the petitioner in making unwarranted, false and baseless allegations pertaining to the respondent's character and labelling him as an alcoholic and womaniser has resulted in shredding his reputation in the society, the HC said.
Considering the above, we find that the conduct of the petitioner constitutes cruelty within the meaning of Section 13 (1) (i-a) of the Hindu Marriage Act, the court said, adding it was a fit case for grant of divorce.
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Bhojshala case: Disputed structure built from remains of pre-existing temples, claims ASI
Indore (PTI): The ASI has told the Madhya Pradesh High Court that a massive structure dating back to the Paramara kings' rule existed at the disputed Bhojshala temple-Kamal Maula mosque complex, and the current structure was built from the remains of temples.
The Archaeological Survey of India (ASI) made the claim on Tuesday based on its 98-day scientific survey and over 2,000-page report.
The Hindu community considers Bhojshala a temple dedicated to Vagdevi (Goddess Saraswati), while the Muslim side claims the monument as the Kamal Maula Mosque. The disputed complex is protected by the ASI.
During the hearing before Justices Vijay Kumar Shukla and Alok Awasthi of the HC's Indore bench, Additional Solicitor General Sunil Kumar Jain, representing the ASI, presented a detailed account of the scientific survey conducted two years ago at the complex.
Referring to the ASI's survey report, he said, "Retrieved architectural remains, sculptural fragments, large slabs of inscriptions with literary texts, Nagakarnika inscriptions on pillars, etc, suggest that a large structure associated with literary and educational activities existed at the site. Based on scientific investigations and archaeological remains recovered during the investigations, this pre-existing structure can be dated to the Paramara period."
It can be said that the existing structure was made from the parts of earlier temples, based on scientific investigations, survey and archaeological excavations conducted, study and analysis of retrieved finds, study of architectural remains, sculptures, and inscriptions, art and sculptures, Jain said quoting the report.
Summarising the report, he also drew the court's attention to the fact that the archaeological study identifies that many architectural components, such as pillars and beams, were originally part of temple structures before being repurposed for a mosque.
"The evidence of this transition includes Sanskrit and Prakrit inscriptions that were damaged or hidden, alongside sculptures of deities and animals that were often mutilated or defaced," Jain contended.
The report also states that "all Sanskrit and Prakrit inscriptions are older than the Arabic and Persian inscriptions, indicating that users or engravers of the Sanskrit and Prakrit inscriptions occupied the place earlier".
In light of the Muslim side's earlier objections, the bench wanted to know why there were some discrepancies in the ASI's responses regarding the status of the disputed complex in the cases filed over the years.
The Additional Solicitor General argued that earlier studies of the complex involved only officials, while the current survey involved scientists and the use of advanced technologies such as Ground Penetrating Radar (GPR).
The hearing in the Bhojshala case will continue on Wednesday.
The high court has been regularly hearing four petitions and one writ appeal regarding the religious nature of the Bhojshala temple-Kamal Maula mosque complex since April 6.
