The Gujarat High Court recently upheld the decision of a family court of granting divorce to a woman who alleged cruelty by her husband.
The woman, who had been a student of her husband at the age of 28, alleged that she had been forced into marriage. She stated that her husband, who was 12 years older than her, was her teacher at Amreli Polytechnic College.
The woman alleged that she was a third-year student of civil engineering and it was her 40-year-old teacher who coerced, forced, and mentally harassed her to marry him. She claimed that the teacher used to say to her that she should secure double ‘A’ grades in the subject that he was teaching, otherwise she would have to succumb to his wishes. Also, the teacher obtained her phone number to chat and told her that their teacher-student relationship was only up to 6pm, and after that, they had to behave as friends.
She also submitted that the teacher told her that he had divorced his first wife and out of that marriage he had two children for whom she could provide mother’s love. Moreover, the woman claimed that though she was unwilling to marry, the teacher started blackmailing her and gave her threats to commit suicide which he attempted once as well.
Thereafter, the woman and the teacher got married in August 2011. However, soon after this, she complained of ill-treatment by her husband and in-laws.
She claimed that after a little while of the marriage, her in-laws started asking for dowry. They demanded Rs 5 lakh for furniture and when she was unable to fulfil their wish, her husband and his parents deserted her.
The woman also submitted that though after some time, she was taken back in by her husband and in-laws, she was again driven out in 2013 and, since then, she had been leading a miserable life.
She further alleged that during her stay at her matrimonial home, she had conceived thrice but was forced to undergo abortion.
However, the husband denied all the allegations and said that their marriage was in fact a love marriage that was not supported by the woman’s family.
He submitted that the woman’s family had filed a criminal case against his family due to which his parents had severed all ties with his wife. He refuted the allegations of cruelty.
The division bench comprising Justice NV Anjaria and Justice Sandeep N Bhatt noted that the trial court had given ample opportunity to the husband during the divorce suit, but from his side, no oral or documentary evidence was ever produced to prove his claims.
The high court observed that the divorce decree had been passed on grounds of cruelty and desertion and the evidence that was available on record revealed material facts about the relationship between the parties.
“The evidence suggested in no uncertain terms that the respondent was driven out of matrimonial house and was deserted in the year 2013. These were acts and conduct amounting to cruelty to the wife,” the court noted.
The HC further stated that the case put forth by the wife was not rebutted by the husband during the divorce proceedings.
“Cruelty is not a defined concept,” the court stressed, while holding that “a student forced to marry a teacher, both having large gap in terms of age and prospects, and post marriage treatment meted out to her in the present case made out to prove that she was subjected to cruelty”.
Accordingly, the court dismissed the appeal moved by the husband against the divorce decree.
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