A recent ruling by the Chhattisgarh High Court stated that a wife labelling her husband as dark-complexioned and overweight does not constitute grounds for divorce. This decision came as part of an appeal made by Aksh Ghosh, who sought the dissolution of his marriage with Pooja Seet, alleging cruelty and desertion. The court’s judgement was delivered by a division bench comprising Justice Parth Prateem Sahu and Justice Sachin Singh Rajput, which decided not to interfere with the Family Court’s earlier ruling rejecting Ghosh’s petition.

Details of Allegations

The controversy surrounding the couple began after their marriage in 2019. Ghosh claimed that his wife lived with him for a brief period of two to three months before they started experiencing marital issues. He alleged that during this time, she displayed hostility towards him, threatened to involve him in false legal cases, and frequently left for her parental home. Ghosh also noted a significant incident when Seet travelled to Rajasthan for a relative’s wedding without his permission and remained there for approximately 25 days. Further compounding the situation, he mentioned that his wife had suffered a miscarriage of twins during their time together.

In contrast, Pooja Seet countered her husband’s allegations by accusing him of being involved in an extramarital affair, which allegedly led to excessive alcohol consumption on his part. She asserted that her husband failed to provide proper care, particularly during her pregnancy. Seet’s claim included that when she fell ill, her mother took her to a hospital in Raigarh for treatment, and upon recovery, she sought to return home but was met with reluctance from Ghosh’s family. This prompted her mother to file a police complaint in February 2020. Additionally, Seet initiated legal proceedings under the Domestic Violence Act against Ghosh and his family members.

The court noted that the woman emphasised her husband’s unwillingness to maintain the marital relationship due to his alleged actions, thereby requesting the dismissal of his divorce petition. This claim was significant in the court’s evaluation of the circumstances surrounding their marriage.

Court’s Findings and Decision

The High Court, after reviewing the evidence presented, concluded that Ghosh had not sufficiently demonstrated instances of cruelty or abandonment by his wife that would justify the dissolution of their marriage. The judgement highlighted that despite multiple allegations made against Seet, Ghosh failed to offer convincing evidence to support his claims. The specific accusation regarding Seet referring to her husband as dark-complexioned and fat was particularly underscored by the court, which remarked that such comments do not amount to valid grounds for divorce.

Further examination revealed that Ghosh could not substantiate claims that his wife was residing with her parents without reasonable justification, nor could he indicate an intent on her part to abandon their marriage. In light of these findings, the court upheld the Family Court’s decision and found no basis for interference.

The High Court dismissed Ghosh’s appeal, thereby confirming the Family Court’s order, which not only rejected the divorce plea but also mandated that he return Seet’s ‘streedhan’, the gifts provided by her parents at their wedding. The judgement concluded without any orders pertaining to costs involved in the appeal.

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