A review application was filed in the Gauhati High Court, and on 17.09.2020, Hon’ble Mr. Justice Soumitra Saikia passed his judgement.
Brief Facts o the Case Renu Das vs Sri Bhaskar Das are as follows
Mr Bhaskar Das filed a Divorce case in the District Court, Dibrugarh. The grounds taken by the petitioner were that of cruelty and desertion against his wife, Ms Renu Das. The district court dismissed the case, and the petitioner filed a matrimonial appeal.
Arguments in the case:-
The petitioner argued that not wearing ‘sindoor’ or a refusal to wear ‘sindoor’ cannot be termed an act of cruelty and is not a valid ground to dissolve a marriage.
The counsel stated that an agreement was brokered by both the families of the parties so that they can sort out their differences. As per the agreement, they would live in separate accommodation, and no relatives of either party were allowed to visit them. The Court opined that this would hinder Mr Das from fulfilling his statutory duties towards his aged Mother and would amount to an error.
The Court observed that the wife had initiated three criminal proceedings against the husband and his family. The husband was acquitted in the case, and the adjudicating authority had observed that the wife indulged in making irresponsible and false accusations against her husband and his family members. This justified dissolution of marriage and grant of divorce in terms of the judgment rendered by the Hon’ble Supreme Court of India in Rani Narasimha Sastri –Vs- Rani Suneela Rani, (2019) SCC Online SC 1595.
The Court also referred to the written agreement between the parties where it was stated that Mr Das would maintain his wife and the relatives of the parties will not be allowed to visit them. The Court opined that such a clause would amount to cruelty.
The Court also observed that the wife had stated that she stopped wearing ‘sindoor’ because she did not consider Mr Das her husband. The Court concluded that if it were a case where the wife never wore sindoor, then it would have been a different case but in this instance, she stopped wearing sindoor after the relation between her and her husband soured. The opined that this shows that marriage was irrevocably broken and thus granted the divorce.
The decision of the Court
The Court opined that the statement regarding the wife was not wearing ‘sindoor’ out of context.
The counsel for the petitioner had argued as if this was the only ground for divorce. However, this was not the case. The Judge observed that while granting the divorce, the Court took into account the fact that the wife had filed false criminal cases against the husband and had observed through the facts of the case that the marriage was irrevocably broken.
The Court did not find any merit in the case and dismissed the review application.
Title:- Renu Das vs Sri Bhaskar Das
Case No. :Review.Pet. 73/2020
Date of Order: 17-09-2020
Quorum : Hon’ble Mr. Justice Soumitra Saikia
Advocates : For the Petitioner : Mr. H. Baruah, Advocate. ; For the Respondent : Mr. N. Hasan, Advocate.