1 week ago
Chhattisgarh High Court rejects divorce over insults, desertion claims
A husband asked the court to end his marriage because he said his wife insulted him and left him.
He said she called him black-complexioned and “fatty shaped.”
The High Court said those words alone were not enough to grant a divorce.
The husband also said his wife treated him badly and deserted him.
However, the court found that he did not provide enough evidence.
The wife said she had suffered a miscarriage and that her husband and his family did not properly support her.
She also said she was not taken back to the marital home after recovering.
The court rejected the husband’s appeal and upheld the family court’s decision.
It also required him to return gifts given by her parents.
The Chhattisgarh High Court dismissed a husband’s appeal seeking divorce from his wife.
It ruled that calling him “black-complexioned” or “fatty shaped” was not sufficient grounds for divorce.
The court found that the husband failed to prove his allegations of cruelty and desertion.
The couple married in March 2019 and has lived separately since later that year.
The court also upheld an order requiring the husband to return the wife’s stridhan gifts within one month.
- Who
- A 28-year-old husband and his 25-year-old wife; the case was decided by Justices Parth Prateem Sahu and Sachin Singh Rajput.
- What
- The Chhattisgarh High Court dismissed the husband’s appeal seeking divorce and upheld the family court’s order.
- Where
- The Chhattisgarh High Court heard the appeal; the couple’s dispute also involved Raigarh, where the wife went for medical treatment.
- When
- The High Court ruling was issued on September 18; the family court order was issued in August 2024.
- Why
- The court found that the husband had not proved cruelty, desertion, or other allegations against his wife with sufficient evidence.
Husband’s case
Wife’s response
Cruelty allegations
Husband’s case
The husband alleged that his wife treated him with hostility, threatened to implicate him in false cases, and insulted his appearance.
Wife’s response
The wife denied the husband’s claims and alleged that he had an affair, consumed alcohol, abused her, and failed to provide proper medical care during her pregnancy.
Living separately
Husband’s case
The husband argued that his wife had lived separately since December 2019 without a justifiable reason and had not resumed the marriage despite his willingness.
Wife’s response
The wife said she was taken to her parental home after a miscarriage and illness, and that her husband and his family did not make efforts to take her back.
Evidence and divorce
Husband’s case
The husband sought dissolution of the marriage based on cruelty and desertion.
Wife’s response
The wife supported the family court’s rejection of the divorce application, and the High Court found that the husband had not substantiated his allegations with sufficient evidence.
Key facts
- Marriage date
- March 2019
- Separation
- The couple has lived separately since 2019; the husband said since December 2019.
- High Court decision
- The husband’s divorce appeal was dismissed.
- Alleged insults
- The wife allegedly called the husband “black-complexioned” and “fatty shaped.”
- Miscarriage
- The wife allegedly suffered a miscarriage of twins.
- Stridhan
- The husband was ordered to return gifts given by the wife’s parents within one month.
- Judges
- Justices Parth Prateem Sahu and Sachin Singh Rajput
Quotes
Chhattisgarh High Court
The division bench hearing the husband’s appeal.
“May be, the allegations are many in number by the appellant/husband but in the absence of any pinpointed evidence to substantiate the same, they cannot be made basis for granting decree of divorce in his favour”
indianexpress.com
“He (husband) has alleged that the respondent/wife used to brand him as being black-complexioned or a fatty shaped but they cannot be taken to be sufficient ground for granting a decree of divorce to him”
indianexpress.com
Sources
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