The Gujarat High Court will hear on December 1 a man’s plea seeking divorce on the ground that his “dominant” wife would bring stray dogs into their apartment and force him to sleep with them in the same bed..Though the husband has alleged other forms of cruelty by the wife, the wife's interest in stray dogs, allegedly at the cost of their matrimonial life, is at the heart of the husband's divorce appeal.A family court had earlier turned down his plea for divorce, ruling that he had failed prove that his wife had picked up the stray dogs only to harass him. The High Court in March 2024 had issued notice to the wife on the husband's appeal against the family court decision..On November 11, the Division Bench of Justice Sangeeta K Vishen and Justice Nisha M Thakore asked the counsel representing the couple to seek instructions with regard to a possible settlement in the case.Earlier, the counsel for the husband had apprised the Court that the wife was seeking a whopping amount of ₹2 crores but he was ready and willing to pay only ₹15 Lakh, considering his job profile.However, the counsel for wife submitted that he had failed to prove cruelty by her and that given his job properties and properties existing in names of his family members, he can very well offer at least a reasonable amount.The Court then listed the matter for consideration on December 1..The Christian couple met each other in 2001 and married in 2006 in Ahmedabad. The husband has alleged that he was coerced into marrying her by manipulative acts.According to his petition, cracks in their marriage began to appear when the wife picked up a stray dog and brought it into their home despite the residential welfare association not permitting it. He has alleged that dog posed threat to him and other members of the apartment complex. Plus, he also claimed that monetary constraints prevented them from keeping the pet.However, despite his reservations, the wife then brought more dogs into their home, inviting the ire of other members of their society."These dogs bit other residents and unhygienic conditions began to prevail in the apartment complex. The appellant and defendant were ostracized by the other residents and became the subject matter of several complaints to the jurisdictional Police resulting in the appellant and defendant being summoned by them at all odd hours of the day and night on innumerable occasions. Appellant was devastated by this development in his marriage," the plea states..Further, as per the husband, the stray dogs also affected their interpersonal relationship with the wife putting pressure on him to clean the dogs and also cook for them."Very often the dogs which were greatly attached to the defendant would attack the appellant when the defendant was assaulting him and inflict painful bites and serrations on him. The appellant has bled profusely on several occasions. As a matter of fact one of the dogs would insist on sleeping in the bed of the appellant and defendant and would bite the appellant viciously if he tried to sleep beside the defendant," it adds..Another interesting ground for divorce is that the wife had organized an April Fool's Prank on him via a radio station. It is alleged that he was accused of an extra-marital affair in the prank call."The appellant was deeply shocked by this act of the defendant for millions of people had become aware of what was going on in the Radio Station. He was greatly embarrassed and humiliated before his friends and employers and became an object of ridicule," the plea states.The husband has also said that in 2009, he was diagnosed with diabetes and that he also developed other health issues due to the "constant torture and cruelty" by wife. The plea also states that in 2011, he was forced to leave matrimonial home and live in Bengaluru. She is alleged to have followed him there.In 2012, the husband moved for divorce before a family court in Bengaluru. Subsequently, the wife filed cases, including for maintenance, against him in Ahmedabad. The divorce plea filed by husband in Bangalore was returned in 2016 on the ground of jurisdiction.He then filed the same in Ahmedabad. The case was rejected in February 2024, leading to the present appeal before High Court..In response to the husband's divorce plea, the wife has denied the allegations. She told the family court that she had not picked up any stray dogs. On the contrary, she claimed that her husband was working with a Trust that was looking after stray dogs. She also said that in fact, he had brought the dogs home and would take care of them.However, she admitted to have arranged the April Fool's prank but said that no adverse comment was made against him. She denied having been the reason for his health issues.In its judgment, the family court accepted the contentions made by the wife and rejected the husband's allegation. In his appeal before the High Court, the husband has argued that the trial court committed an error of fact in concluding that he had love and affection for the stray dogs .Advocates Bhargav Hasurkar and Vishwajitsinh Jadeja are representing the husband. Advocate NV Gandhi is appearing for the wife..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.
