3 weeks ago
Chhattisgarh High Court sets aside divorce decree for 'hell-bent' husband
In India, a court called the Chhattisgarh High Court made a big decision about a married couple.
The husband wanted a divorce, which means ending his marriage.
He said his wife was unkind to him and left home.
But the wife said she wanted to stay married and tried hard to fix things.
The judges studied the case and said the husband did not prove his complaints.
They said he seemed 'hell-bent,' or very determined, to get rid of his wife.
The judges explained that being unhappy in a marriage is not enough to end it.
So the High Court took away the divorce that a lower court had given the husband.
The wife also said her husband's family demanded money and treated her badly.
The court's decision means the husband's divorce request was rejected.
The Chhattisgarh High Court set aside a family court divorce decree after finding the husband was 'hell-bent' on getting rid of his wife.
The bench of Justices Parth Prateem Sahu and Sachin Singh Rajput ruled the husband failed to prove either cruelty or desertion.
The wife, a government nurse, had consistently expressed willingness to continue the marriage and filed an application to save it.
The husband, a private-sector employee married in February 2019, claimed his wife taunted him about his complexion and job and left the matrimonial home in January 2020.
The wife alleged physical and mental harassment for dowry, including demands for Rs 5 lakh, her salary and her ATM card.
- Who
- Justices Parth Prateem Sahu and Sachin Singh Rajput of the Chhattisgarh High Court, the wife (a government nurse), and her husband (a private-sector employee).
- What
- The High Court set aside the family court's divorce decree, ruling the husband failed to prove cruelty or desertion.
- Where
- Chhattisgarh High Court, India.
- When
- The order was passed on August 6.
- Why
- The court found the husband was 'hell-bent' on getting rid of his wife and that mere unhappiness or dissatisfaction is not enough to constitute cruelty.
Wife's position
Husband's position
Cruelty
Wife's position
The wife says she never refused her matrimonial obligations and was always willing to reside with her husband.
Husband's position
The husband claims his wife frequently quarrelled, refused to cohabit, and taunted him about his dark complexion and private job.
Desertion
Wife's position
The wife says she stayed at the matrimonial home from August 2021 to September 2021 to preserve the relationship, but her husband failed to cohabit.
Husband's position
The husband says his wife left the matrimonial home in January 2020 without sufficient cause and remained living separately despite reconciliation efforts.
Dowry allegations
Wife's position
The wife alleges her husband and his family subjected her to physical and mental harassment for dowry, demanding Rs 5 lakh, her salary and ATM card.
Husband's position
The husband alleges his wife threatened to implicate him and his family in false dowry cases.
Key facts
- Court
- Chhattisgarh High Court
- Bench
- Justices Parth Prateem Sahu and Sachin Singh Rajput
- Order date
- August 6
- Wife's profession
- Government nurse
- Husband's profession
- Private sector employee
- Marriage
- February 2019
- Wife's alleged departure
- January 2020
- Alleged dowry demand
- Rs 5 lakh, wife's salary and ATM card
Quotes
Chhattisgarh High Court Judge
Justice of Chhattisgarh High Court
“"Having thus seen the material available on record, including the evidence of the witnesses, it is manifest that the respondent‑husband was hell‑bent in getting rid of the appellant‑wife on one pretext or the other."”
indianexpress.com
Sources
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