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New Delhi:
A Delhi court has granted divorce to a former civil judge of
Haryana from his wife, who is a metropolitan magistrate in a south
Delhi court, on grounds of cruelty.
Additional District Judge Seema Maini allowed the divorce petition
of Piyush Gakhar, a former civil judge of Bhiwani, for ending his
marriage with Gomati Monacha, posted in the Saket district court,
observing that he had been subjected to cruelty at the hands of
his wife.
"From the cumulative scrutiny of the documentary evidence, adduced
by the petitioner and the uncontroverted and unimpeached testimony
of the petitioner, who entered the witness box as Prosecution
witness, J.K. Gakhar (witness), and P.K. Verma (witness), the term
'cruelty' crystallized," said judge Maini in her order made
available Monday.
The court was hearing a divorce case filed by Gakhar, through his
counsel Amit Sahni. The application was moved by Gakhar in 2009
when he was posted as civil judge in Haryana and Monacha was a
civil judge in Tis Hazari court in Delhi.
Gakhar's counsel Sahni, in the application has stated that that
the marriage between the judge couple was solemnised Jan 5, 2009
in Delhi. The couple, who qualified for Haryana Civil Services
(Judicial) in the year 2006 met for the first time during their
training period in judicial academy Chandigarh.
They got engaged, but broke up "due to the impulsive nature of
Monacha", said Gakhar. Later Monacha assured that she will "mend
her temperament" and both got married in January 2009.
However, Monacha left her husband's home in Haryana after around
three months and settled in Delhi after qualifying in the Delhi
Judicial Service.
In Oct 24, 2009, Monacha filed a complaint in a Punjab and Haryana
High Court alleging that Gakhar had slapped her.
Husband moved a divorce petition in a Delhi court in October 2009.
In a counter, Monacha raised allegations of dowry demand.
Following the allegation, Gakhar lost his job.
The court while pronouncing its order observed that Gakhar had
lost his job despite having a good record due to the complaint
filed by his wife alleging dowry demand and assault.
Judge said that if Monacha had been subject to dowry demand, "she
could easily have made a complaint against him to the judges in
whose close proximity the parties to the petition were at the
relevant time. The complaint (about assault) dated Oct 24, 2009,
is silent as regards any allegation of dowry demand."
Gakhar said that allegation raised against him are false.
The judge ruled that the dowry allegation was incorrect.
"Any and every dispute between a husband and wife is their
domestic problem, and should be solved within the four walls of
their house," said the court in its order passed on March 22.
The court has also taken in record that Monacha did not present
any arguments in her defence, despite sufficient opportunity
granted.
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