HC rejects NRI man’s plea on being fooled by wife


Canadian citizen had argued that he was defrauded as his wife turned out to be bespectacled

Rejecting an NRI man’s claim that a fraud was played on him as his wife turned out to be bespectacled, the Delhi High Court has directed the man to give maintenance to his estranged wife.

The Canadian citizen had contested the maintenance petition arguing that he was defrauded as he found his wife to be using spectacles while he had advertised for “a good looking, English-speaking educated girl…but did not wish to marry a bespectacled girl”.

‘Give maintenance’

Justice I.S. Mehta, however, turned down the man’s contention saying, “The allegation of fraud played upon respondent [him] is nothing but an after-thought story to counter the present maintenance petition”.

The judge noted that the man’s plea that he does not possess any source of income does not absolve himself of his moral duty to maintain his wife as he was able-bodied along with educational qualification.

The genesis of the present case can be traced to an advertisement issued by the man’s family in 2002, in which they “wanted a good looking, English-speaking educated girl who could take up employment in Canada but did not wish to marry a bespectacled girl”.

Pursuant to that advertisement, the wife and her parents visited the house of the man in March 2002. She was not wearing spectacles at the relevant time. Subsequently, they got married in the same month in Delhi.

The morning after the wedding, during breakfast, the wife disclosed that she was allergic to many food items and was on lifelong medication. The man claimed that he had not been informed about this fact prior to marriage.

Later, when he escorted his wife where the reception had been organised, he got another surprise. He came to know that his wife was using spectacles and therefore, “felt cheated as he had desired a non-spectacled girl”. She mentioned that socially, she always used contact lenses and she did not consider it worth mentioning.

Immigration visa

The man had visited India for a limited period of about four days for his wedding, following which he went back to Canada. While his wife was to join him in Canada after due formalities, he withdrew his sponsorship to his wife’s immigration visa.

The wife, who has since been living with her parents, made a complaint before Crime against Women Cell and also filed for payment of maintenance. She also alleged that she was maltreated by her in-laws during the brief period she was staying there.

The court noted that the husband instead of coming forward to provide the minimum sustenance has chosen to contest it under the garb of fraud played on him. It directed him to pay maintenance of ₹10,000 per month for the period till December 2010 and ₹9,000 per month onwards, since he is claiming to be unemployed after that period.

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Printable version | Dec 14, 2019 7:13:45 AM |

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