Wife studying or working is not 'ambition', it's her right: Jharkhand High Court's landmark verdict
Calling her 'ambitious' is gender bias. Husband-wife are equal partners. Court grants divorce to wife, overturns Family Court decision.
Ranchi (The Uttam Hindu): The Jharkhand High Court has ruled that a wife's right to pursue higher education and work after marriage is her husband's right, not a favor. Calling a wife's desire to study or work ambition or excessive ambition is gender-biased. Husband and wife are equal partners in marriage, with neither superior nor subordinate.
A division bench comprising Chief Justice MS Sonak and Justice Manoj Prasad made this observation while hearing the first appeal filed by Renuka of Jamshedpur. The court granted the wife a divorce on the grounds of mental and physical cruelty on the part of her husband. It also set aside the decision of the Family Court, Jamshedpur, which had dismissed her divorce petition on March 16, 2019.
During the appeal in the High Court, the evidence presented by the wife was considered. The wife had testified in person in the family court. Her father, Alakh Ram, and neighbor, Pankaj Kumar Singh, also corroborated her allegations. Despite this, the husband neither presented any witnesses nor effectively cross-examined the wife and her witnesses. The division bench noted that while the husband denied the allegations in his written response, his response was vague and general.
Under Order 8, Rules 3, 4, and 5 of the Code of Civil Procedure (CrPC), a clear and point-by-point denial of the allegations is required. A mere blanket denial is not sufficient. The court held that the family court erred in ignoring the wife's nearly undeniable testimony. The division bench also disagreed with the family court's observation that the wife was ambitious and that her education and employment were the result of her husband's generous and supportive behavior.
The High Court stated that it is considered normal for a husband to study or work after marriage. Therefore, it is not appropriate to label a wife as ambitious if she studies or works. Such gender-based thinking cannot be the basis for judicial decisions. On this basis, the court overturned the family court's decision and granted the wife a divorce.