Refusing to celebrate Karva Chauth no ground for seeking divorce: HC

Updated on Jul 19, 2015 09:50 AM IST
Refusal to celebrate Karva Chauth or marriage anniversary by one of the spouses cannot be a ground for seeking divorce, Punjab and Haryana high court has ruled while turning down an appeal filed by a Chandigarh resident.
Hindustan Times | By, Chandigarh

Refusal to celebrate Karva Chauth or marriage anniversary by one of the spouses cannot be a ground for seeking divorce, Punjab and Haryana high court has ruled while turning down an appeal filed by a Chandigarh resident.

The husband petitioner had submitted in his appeal that refusal to celebrate the Karva Chauth and marriage anniversary by his wife and her family amounted to mental cruelty and had sought divorce on this ground.

"In our considered view, the family members of the respondent (wife) resisting (even if true) Karva Chauth and couple's marriage anniversary celebrations would amount to normal bickering expected in a matrimonial dispute. On such a flimsy ground, the court cannot grant divorce, snapping the sacred relationship of husband and wife," the high court bench of justices M Jeyapaul and Raj Rahul Garg said.

In this case, the woman had left her husband and was living with her parents for over two years at the time when the petition for divorce was filed in a lower court. When the petitioner invited his wife to join the family on Karva Chauth and couple's marriage anniversary, she allegedly refused. The petitioner husband had stated that his parents had proposed celebrations of Karva Chauth and couple's wedding anniversary at their house. However, the mother of his wife asserted that they did not believe in any of those rituals, customs and functions.

Another ground taken for the divorce in this case by the husband was of desertion by his wife. However, the court ruled that at the time of filing of the petition by him, as per Section 13(1)(i)(b) of the Hindu Marriage Act 1955, a ground of divorce on the plea of desertion can be sustained only if the respondent has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition.

The couple had an argument over the pregnancy of woman as the husband's family did not want the child at that point of time. Following an argument, the woman left her in-laws' home and started living with her parents. The woman had also leveled allegations of dowry demand against her husband's family members, which resulted in their conviction in the said case. However, despite all this, the woman had filed an application before the court for restoration of conjugal rights. The court turned down the husband's plea stating that despite all this, the wife wanted to join her husband.

SHARE THIS ARTICLE ON
Close Story
QUICKREADS

Less time to read?

Try Quickreads

  • The state government has already circulated dos and dont’s for inquiry officers and asked additional chief secretaries/principal secretaries and secretaries of different departments to ensure that a copy of these guidelines is made available to all inquiry officers. (Pic for representation)

    Work out comprehensive plan for training of inquiry officers, UP govt tells departments

    LUCKNOW With norms of natural justice apparently being flouted consistently in departmental inquiries, the state government has decided to carry out a comprehensive training of all inquiry officers. The government has asked all departments to work out a comprehensive plan for officers' training and submit the same to the personnel department by September 15, 2022. Inquiry officers have been asked to ensure that officers/employees facing probe are allowed to make inspection of documents, if requested.

  • A case under section 379B (snatching with hurt, wrongful restraint or fear of hurt) of the Indian Penal Code (IPC) was registered at the City Jagraon police station, Ludhiana, against the miscreants for rob woman of her scooter. (HT FILE)

    Ludhiana | Bike-borne miscreants rob woman of her scooter in Jagraon

    A 26-year-old woman late on Monday fell prey to three unidentified motor-cycle borne miscreants who stole The complainant, Rajandeep Kaur's scooter near her house in Sundar Nagar, Jagraon. Two of the men, the complainant said, threatened her to hand over the- Honda Activa Scooter. MORE NEWS IN BRIEF Laptop stolen from parked car Ludhiana Police on Tuesday, meanwhile, booked unidentified persons for stealing a laptop from a car parked near Ghumar Mandi market after breaking open a window.

  • New Delhi, India - June 02, 2022: A view of the dust pollution at Punjabi Bagh in New Delhi, India, on Thursday, June 02, 2022. (Photo by Sanchit Khanna/ Hindustan Times)

    Delhi tops list of world’s most polluted cities

    Delhi and Kolkata are the two most polluted cities in the world in terms of average annual population-weighted PM 2.5 exposure, according to a new report, Air Pollution and Health in Cities, released by the Health Effects Institute's State of Global Air Initiative. Mumbai was ranked 14th. No other Indian city features in the top 20. Five Chinese cities were in the top 20. Kolkata had an average exposure of 84 micrograms per cubic metre.

  • BKU leaders looking after arrangements for the protest. BKU is a constituency of the Samyukt Kisan Morcha. (HT PHOTO)

    Samyukt Kisan Morcha leaders to begin protest in Lakhimpur

    Bhartiya Kisan Union-Tikait (BKU-Tikait) and several other constituents of the Samyukt Kisan Morcha, an umbrella organisation of farmers, will hold a 75-hour sit-in at Rajapur Krishi-Utpadan Mandi Samiti in Lakhimpur Kheri from Thursday to press their pending demands. Eight people, including four farmers, were killed in Lakhimpur Kheri during the violence that erupted in Tikunia area of the district on October 3 last year.

  • Bihar chief minister Nitish Kumar with RJD chief Lalu Prasad in Patna on Wednesday. (Santosh Kumar/HT Photo)

    Lalu lands in Patna, Nitish pays a quick visit

    Bihar chief minister Nitish Kumar called on ailing RJD chief Lalu Prasad shortly after Prasad, who was rushed to the national capital for treatment of fracture of shoulder early last month arrived in Patna from New Delhi on Wednesday and wished him speedy recovery, people familiar with the development said. Finance minister Vijay Kumar Chaudhary accompanied the CM during his meeting with the RJD chief at former CM Rabri Devi's residence. The meeting lasted 30 minutes.

SHARE
Story Saved
×
Saved Articles
Following
My Reads
Sign out
New Delhi 0C
Wednesday, August 17, 2022
Start 15 Days Free Trial Subscribe Now