The Gujarat High Court issued a notice to a woman who obtained a divorce on grounds of cruelty after learning her husband’s sister married outside their caste. The husband has challenged the family court’s decision, arguing it was unjust. The high court has scheduled a joint hearing for the matter on January 20, aiming to address the dispute comprehensively.
The Gujarat High Court issued a notice to a woman who obtained a divorce from her husband, primarily citing cruelty related to the fact that her husband’s sister had married outside their caste, a detail that was allegedly concealed from her.
According to the husband’s representative, the couple had an arranged marriage in 2018. The wife left her marital home just two days after discovering that her sister-in-law had married into a community she deemed lower on the societal caste hierarchy.
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In 2020, the woman filed for divorce in the Bhavnagar family court, claiming cruelty. She argued that her husband had hidden information about his sister’s inter-caste marriage. Although he mentioned having two sisters, he did not disclose a third sister who had married outside their caste, a fact she learned only at the wedding.
Additionally, she claimed that her husband filed a police complaint alleging threats to his life from her family and sent it to her workplace.
The husband subsequently filed a suit seeking restoration of conjugal rights, asking the court to compel his wife to return. On September 30, 2024, the Bhavnagar family court dismissed his petition while granting the wife’s request for divorce. The husband then challenged this decision through two separate appeals, seeking the High Court’s intervention to quash the divorce order.
After a preliminary hearing, Justices Biren Vaishnav and DM Desai observed that the judgment and decree in question indicated that one of the primary grounds for the wife’s claim of cruelty was the fact that her husband’s sister had married someone from another community.
Following the notice issued to the woman, the High Court has scheduled a joint hearing for both appeals on January 20.
Inter-caste marriages in India are safeguarded under several constitutional provisions and legal frameworks to promote equality, individual choice, and social reform.
Key provisions include:
- Article 14 ( Right to Equality): Ensures that all individuals are equal before the law, irrespective of their caste, religion, or other factors.
- Article 15 (Prohibition of Discrimination
- 0: Prohibits discrimination on grounds of caste, religion, sex, or place of birth, directly supporting the idea of inter-caste unions.
- Article 19 ( Right to Freedom): Guarantees freedom of expression and choice, allowing individuals to marry partners of their choice.
- Article 21 (Right to Life and Personal Liberty): As interpreted by courts, includes the right to marry a person of one’s choice as an essential aspect of personal liberty.
- Special Marriage Act, 1954: A secular law that facilitates inter-caste and inter-religious marriages without requiring conversion or adherence to religious customs.
- Article 51A(e) ( Fundamental Duties): Encourages citizens to promote harmony and a spirit of common brotherhood, rejecting caste-based prejudices.
These constitutional provisions aim to uphold individual rights and foster a more inclusive and equitable society.