Hiding Sister’s Inter-Caste Marriage Is Cruelty, Says Gujarat High Court in Divorce Case
The Gujarat High Court has issued a notice to a woman who divorced her husband, mainly citing cruelty after learning that her husband’s sister had married outside their caste, a fact she claims was hidden from her.
The husband’s lawyer shared that the couple had an arranged marriage in 2018. However, the wife left her marital home just two days after discovering that her sister-in-law had married into what she considered a lower caste.
In 2020, the wife filed for divorce in the Bhavnagar family court, stating that the concealment of the sister’s inter-caste marriage amounted to cruelty. She argued that while her husband mentioned having two sisters, he never disclosed a third sister, whose inter-caste marriage was revealed only at the time of the wedding ceremony.
She further claimed that her husband had filed a police complaint accusing her family of threatening his life, and that he had sent a copy of the complaint to her workplace, causing further humiliation.
In response, the husband filed a case asking the court to order his wife to return to live with him (a suit for restoration of conjugal rights). However, on September 30, 2024, the Bhavnagar family court dismissed his request and granted the wife’s divorce petition.
Challenging this decision, the husband filed two appeals before the Gujarat High Court, asking for the divorce decree to be set aside.
After a preliminary hearing, Justices Biren Vaishnav and DM Desai observed that one of the main reasons for granting the wife’s divorce was the hidden fact about the sister’s inter-caste marriage, which the court considered as a serious issue.
The High Court has now issued a notice to the wife and scheduled a joint hearing for both appeals on January 20.
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