Asha Qureshi vs Afaq Qureshi (2002)
Citation: AIR 2002 MP 263
Relevant Articles:
Section 27 of the Special Marriage Act, 1954: Divorce on the grounds of cruelty and desertion.
Asha Qureshi vs Afaq Qureshi (2002)
Facts:
Asha Qureshi filed for divorce from her husband, Afaq Qureshi, under the Special Marriage Act, citing cruelty and desertion. She alleged that Afaq emotionally abused her, neglected her, and abandoned their matrimonial home. Despite her efforts to reconcile, including discussions with family members, Afaq continued his cruel behavior and failed to provide any support, both financially and emotionally. Additionally, Afaq's extramarital affair further deepened the rift in their marriage.
Issues:
Whether cruelty and desertion are valid grounds for divorce under the Special Marriage Act, 1954.
Whether abandonment without justification constitutes desertion.
Whether extramarital affairs of a spouse contribute to cruelty in a marriage.
Judgment:
The Court granted Asha Qureshi a divorce, agreeing that cruelty and desertion were valid grounds for dissolution of marriage under the Special Marriage Act. The Court also ruled that Afaq’s extramarital affair further exacerbated the cruelty. It emphasized that the emotional well-being of a spouse cannot be compromised and that desertion without valid cause would lead to the breakdown of the marriage.
-HARINYA
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