Gujarat High Court Directs Wife To Pay ₹10K To Husband As She Deserted Him Over Difference In Their Sub-Castes

The Gujarat High Court recently directed a woman who deserted her husband under the influence of her family on the ground that he belongs to a different sub casere, to pay Rs. 10,000/- to her husband.

"We find it extremely unfortunate that the educated couple needs to end the relationship in such a fashion just because there is a strong resistance on the part of the parents and taken in exert this kind of influence," the Bench of Justice Sonia Gokani and Justice Mauna Bhatt remarked.

Essentially, the Husband had moved to the High Court with his Habeas Corpus plea alleging that his wife is under the illegal detention of her parents and he sought her production before the Court.

Pursuant to the Court's order, she remained present before the Court on April 27 and accepted her marriage with the petitioner, however, she categorically said that despite the fact that they both belong to Patel Community, their sub-caste is different, and therefore, it won't be feasible for her to continue this marriage.

Noting that she had spent 4 years in her marriage before deserting him, the Court called it as very unfortunate that the youngsters' lives have been ruined by this dogmatic attitude and parochial vision of the caste and sub-caste.

The Bench was unable to fathom anything from the repeated queries raised by it as to why she has chosen not to continue the relationship.

Against this backdrop, opining that the petitioner with all his hopes, aspirations, and dreams had approached this Court, but he had to meet this destiny, the Court, on account of the wife's unreasonable premise and unsubstantiated reason, awarded a cost of Rs.10,000/ to the petitioner to be paid by the her within four weeks.

In one of the previous orders in the case, the Court even remarked that those who call themselves elders and are supposed to be guiding the lives of young people on the contrary have been acting in the most irresponsible manner and called it quite unfortunate that they do not leave any stone unturned to influence the lives of the younger generation. 

With this, the petition was disposed of.

Case title - PAREKH JAISALKUMAR VINODBHAI Versus STATE OF GUJARAT

Case Citation: 2022 LiveLaw (Guj) 157

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