Gujarat High Court: Hiding Sister’s Inter-Caste Marriage Can Amount to Cruelty in Divorce Cases
The Gujarat High Court has issued a notice to a woman who obtained divorce from her husband on the ground of cruelty, after alleging that he hid the fact that his sister had married outside their caste.
The couple’s marriage was arranged in 2018. According to the husband, his wife left the marital home just two days after discovering that his sister had married into another community, which she considered socially lower.
In 2020, the woman filed for divorce in the Bhavnagar family court, claiming that her husband deliberately concealed this fact. She argued that although her husband mentioned two sisters, he did not reveal that a third sister had entered into an inter-caste marriage, a detail she only came to know at the wedding.
The wife also alleged that her husband lodged a police complaint against her family, accusing them of threatening his life, and even sent the complaint to her workplace, which she claimed caused further distress.
While the husband later filed a suit for restoration of conjugal rights, asking the court to compel his wife to return, the family court rejected his plea and granted the wife’s request for divorce on September 30, 2024. He then approached the High Court, challenging the divorce order through two appeals.
A division bench of Justices Biren Vaishnav and DM Desai observed that one of the main reasons cited for cruelty was the concealment of the sister’s inter-caste marriage. The High Court has now issued notice to the wife and fixed January 20 for a joint hearing of both appeals.
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