Gaining weight after marriage can't be ground for divorce: HC

June 22, 2014

Mumbai, Jun 22: Gaining weight after marriage cannot be a ground for granting divorce, the Bombay High Court has held while rejecting a husband's plea for dissolving marriage as his wife had put on excess flab.

weight gainOne of the grounds for seeking divorce was that the wife had concealed from her husband that she had undergone a breast surgery before marriage as a result of which she gained weight later.

The husband had complained that because of 'ailment' suffered by her, he could not enjoy the pleasures of matrimonial life.

In the petition, the husband alleged that after the marriage, his wife started putting on weight. He contended that though he tried to persuade her to take medical treatment, she declined to cooperate.

He submitted that his wife always declined to do household work and that he was required to do the said work. He also alleged that she never fulfilled his expectations and that she never performed her duties as a wife.

He said that he and his wife did not enjoy healthy sexual relations.

However, the court noted that the husband had admitted that the marriage was consummated. His grievance was therefore only about his wife being overweight and this could not be a ground for seeking divorce, said a bench of justices M S Sonak and A S Oka.

The court also noted that the allegation of the husband that the respondent was of quarrelsome nature and that she was adamant, constitute the normal wear and tear of marriage and by itself was no ground for divorce.

After marriage, the couple stayed in Pune. As they could not get along well, the husband applied for divorce in a family court in Pune which rejected his plea.

He later moved the Bombay High Court which dismissed his appeal, observing that gaining weight cannot be a ground for granting divorce.

The husband said that he had met his wife through a marriage bureau in Solapur and that she had not disclosed in the form that she had undergone a surgery of 'hypertrophic breasts'. After marriage, she gained weight because of the surgery, he claimed.

The wife submitted that there was no column in the form where she could have stated about her surgery. She said she had no intention to hide this from her husband.

She also denied allegations of her husband that before the marriage he had specifically asked her about any major operation undergone by her and still she did not disclose it.

The man alleged that the material information was suppressed by his wife before solemnisation of the marriage and on being questioned by him after the marriage, she responded saying that there was nothing serious about the surgery.

She told the court that information regarding the surgery was disclosed by her family members to the husband and his family members before the solemnisation of marriage.

The husband argued that this was a case of irretrievable breakdown of the marriage.

The court held, "Even assuming that there is an irretrievable breakdown of marriage, under section 13 of the said Act, the break down of the marriage is no ground to grant a decree of divorce."

The judges said, "The husband has failed to substantiate allegations made by him against his wife which are of very serious nature. Therefore, it is very difficult to believe the testimony of the appellant (husband).

"The allegations that the respondent (wife) was of quarrelsome nature and that the respondent is adamant, constitute the normal wear and tear of marriage and by itself no ground for divorce," said the court while dismissing the appeal filed by the husband against the Pune family court order.

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Agencies
June 12,2020

Mumbai, Jun 12: Following an overwhelming response for the mega rights issue of Mukesh Ambani-owned Reliance Industries, the partly paid-up rights shares are set to debut on stock exchanges on June 15.

The biggest ever Rs 53,124 crore rights issue was subscribed 1.59 times and received bids worth Rs 84,000 crore on June 3.

Reliance said the rights issue saw a huge investor interest, including from lakhs of small investors and thousands of institutional investors, both Indian and foreign.

In 2019, Ambani said in the Reliance's annual general meeting that the company will be net zero debt by March 2021. The company is on course to achieve its target ahead of the deadline.

"In spite of the COVID-19 crisis and the lockdowns, the due-diligence by Saudi Aramco for the planned investment in the O2C business is on track as both the parties are committed and actively engaged," he said recently.

"With a strong visibility to these equity infusions, Reliance is set to achieve net zero debt status ahead of its own aggressive timeline. We believe rights issue was a part of the company's strategy of deleveraging its balance sheet," said Ambani. 

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Agencies
January 10,2020

Indian enterprises were flooded with a whopping 14.6 crore malware threats in 2019 - a growth of 48 per cent (year-on-year) compared to 2018, a new report said on Friday.

Manufacturing, BFSI (banking, financial services and insurance), education, healthcare, IT/ITES, and the government were the most at-risk industries in the country, said the report from Seqrite, the enterprise arm of Pune-based IT security firm Quick Heal Technologies.

Interestingly, almost a quarter (23 per cent) of the threats were identified through 'Signatureless behaviour-based' detection by Seqrite, indicating how a growing number of cybercriminals were deploying new or previously unknown threat vectors to compromise enterprise security.

"With the latest Seqrite annual threat report, we want to empower CIOs, CISOs, business leaders and all key public stakeholders with the insights they need to combat the growing complexity of the threat landscape," said Sanjay Katkar, Joint Managing Director and CTO, Quick Heal Technologies.

The most prominent trend was the drastic increase in the volume, intensity, and sophistication of cyber-attack campaigns targeting Indian enterprises in 2019.

The rapid integration of IoT devices, BYOD (bring your own device), and third-party APIs into enterprise networks has created newer security vulnerabilities that might go unnoticed until a major breach occurs.

Threat researchers at Seqrite observed several large-scale advanced persistent threats (APT) attacks deployed against organisations in the government sector.

"The entry of nation-states and organised cybercrime cells into the fray is expected to add more complication to this situation and will require Indian government bodies and corporate enterprises to shore up their cyber defence strategies in 2020 and beyond," the report noted.

More alarming, however, was the continued lack of security awareness amongst enterprises and government organisations.

"Unsecured Remote Desktop Protocol (RDP) and Server Message Block (SMB) protocols continued to be targeted through brute-force attacks," said the report.

Spear phishing attack campaigns leveraging Office exploits and infected macros were also used extensively by cybercriminals to gain access to enterprise networks and steal critical data.

"India's digital journey depends on ensuring robust cybersecurity for all stakeholders within the enterprise ecosystem," said Katkar.

The sharp spike should be a cause of concern for CIOs and CISOs in the country, especially given the growing digital penetration within their enterprise networks.

"With network vulnerabilities and potential entry points increasing at a rapid pace, threat actors are expected to leverage artificial intelligence (AI) capabilities to power their malware campaigns in the future to capitalise on newer attack vectors," the report added.

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Agencies
July 13,2020

New Delhi, Jul 13: The Telecom Regulatory Authority of India (TRAI) has blocked Bharti Airtel's Platinum and Vodafone Idea's RedX premium plans that offer faster data speeds and priority services to customers as both the plans were violating net neutrality norms.

The telecom watchdog has asked Bharti Airtel to explain within seven days how such a similar plan being launched does not violate the rules of net neutrality.

Vodafone Idea's RedX plan has been in the market since November 2019. They made some modifications in May 2020 and the Bharti Airtel was soon going to launch a similar plan.

According to TRAI, the higher speed for premium customers discriminate against others and violates net neutrality.

Responding to TRAI's move, Airtel spokesperson said: "We are passionate about delivering the best network and service experience to all our customers. This is why we have a relentless obsession to eliminate faults and have been consistently recognised by international agencies as the best network in terms of speed, latency and video experience."

"At the same time, we want to keep raising the bar for our post-paid customers in terms of service and responsiveness. This is an ongoing effort at our end," the spokesperson said.

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