In Chhattisgarh, a woman refused to go to her in-laws’ house for 11 years in the name of an auspicious time. When the matter reached the court, a bench of Justice Gautam Bhaduri and Rajni Dubey, considering it a case of abandonment, dissolved it under the Hindu Marriage Act.
The Chhattisgarh High Court has said in this matter when the wife is living separately from her husband even after marriage, then the husband is entitled to a divorce.
The court said that the husband can take divorce under section 13 of the Hindu Marriage Act in such a case. Santosh Singh of Raigarh presented the appeal in the High Court.
On July 8, 2010, he got married to Amita Singh, a resident of Janjgir, an education worker. His wife returned on July 19 after staying for 11 days at her in-laws’ house. After this Santosh went to pick up his wife twice. But Amita refused to come, saying that it was no auspicious time.
The court said that according to the facts of the auspicious time presented by the wife after 11 years, her matrimonial home will be destroyed in the absence of the auspicious time. She was not honest about married life and she didn’t cooperate. The High Court has dealt with the decision as Approval for Reporting Order. Therefore, now this order can be referred to in other such cases of divorce.
Amita did not appear during the hearing. It was told on his behalf that his duty is engaged in the census. Then Santosh Singh had filed a petition in the family court for divorce on the ground of abandonment. The court had dismissed the petition, refusing to grant a divorce on this ground. After which Santosh had filed for divorce in the High Court.
To this, the court said that Shubh Muhurat is meant for the happy times of a family but in this case, it has been used as a tool of a hindrance. The Court dissolved the marriage and granted a decree of divorce under Section 13(IB) of the Hindu Marriage Act. In its order, the court has also said that according to the facts, the wife had left her husband, so divorce is the right of the husband.
