HC: A woman’s no to ‘purdah’ is not a ground for divorce

HC: A woman’s no to ‘purdah’ is not a ground for divorce 

Rajesh Kumar Pandey TNN 03.01.2025

Prayagraj : An educated woman’s refusal to be in ‘purdah’ (veil) doesn’t constitute cruelty towards her spouse and can’t justify dissolution of their marriage, Allahabad high court said recently while granting divorce to a couple on grounds other than what the husband alleged was his ex-wife’s ‘free-spirited behaviour’. The division bench of Justices Saumitra Dayal Singh and Donadi Ramesh was hearing a case involving a couple estranged for 23 of the 35 years of their marriage. The husband wanted a divorce but his wife didn’t, leading to a protracted litigation. The man contended that his wife not adhering to the traditional custom of ‘purdah’ and ‘interacting independently in society’ amounted to mental cruelty towards him. The bench said neither of these acts could be deemed cruel in the modern context, and certainly not given the couple’s professional credentials. The man is an engineer and his estranged wife a govt teacher. The judges pointed out that ‘differing perspectives and behaviours do not automatically meet the legal threshold for cruelty’. Allegations of verbal insults and the woman’s alleged relationship with someone outside marriage were dismissed due to insufficient evidence. While dismissing ‘vague and unsupported claims’ as grounds for divorce, the court acknowledged that the long period of separation and the woman’s refusal to reconcile legally tantamounts to desertion. The judges cited Supreme Court guidelines, which recognise long-term separation and the absence of cohabitation as factors contributing to desertion. The court also said alimony wasn’t necessary in this case as both parties were financially independent. The estranged couple’s only child, now an adult, was in the mother’s custody all these years and no financial claim was made. In 2004, a family court dismissed the man’s divorce petition, prompting him to approach HC.