Gujarat High Court Upholds Couple's Divorce Allegedly Triggered By Wife's No Onion-Garlic Diet

The Gujarat High Court recently upheld a family court order dissolving the marriage of a couple which the husband claimed was triggered by differences caused due to the wife following a diet of consuming no onion and garlic. A division bench of Justice Sangeeta Vishen and Justice Nisha M Thakore were hearing two cross appeals wherein the wife had challenged the family court's order granting divorce on the husband's plea. Meanwhile the husband had filed an appeal against direction to pay to wife Rs.8,000 per month for the period between 09.07.2013 to 08.07.2020 and thereafter from 09.07.2020 onwards at the rate of Rs.10,000 per month towards the permanent maintenance/alimony. During the hearing the husband said that he chooses to not press his appeal considering the limited challenge and developments during pendency of the matter. The husband had claimed that the wife was following Swaminarayan religion strictly and was attending the meetings in the temple twice a week. He said that his mother used to separately cook the food for the wife "without onion and garlic", while the food for other family members, was being cooked with onion and garlic. "Following of the religion and consumption of onion and garlic was the trigger point of the differences between the parties," the order noted the husband's contention. The husband claimed that owing to the rigidness exhibited by the wife, applications were filed before the Gujarat State Legal Services Authority. Besides, owing to the pressure exerted by the wife the husband, was compelled to file an application with the Mahila Police Station, alleging torture and harassment by the wife. The husband said that several attempts were made for reconciliation and on all the occasions, the wife, has extended assurance, but not adhered to. In 2007 parties executed memorandum of understanding was executed between the parties and wife had assured that she will improve her behaviour. Not adhering to the understanding arrived at, the wife left her matrimonial house with the couple's child.He then filed a plea for divorce under Section 13 of the Hindu Marriage Act on the ground that he has been subjected to cruelty and the wife has deserted him. The wife claimed that the husband has failed to discharge his matrimonial obligations as husband and has voluntarily deserted her. She said that the factum of her following the religion, was known to him and he was aware that she was not consuming onion and garlic; only after knowing each other well, the marriage was solemnized.The family court found that the husband had proved that he was subjected to cruelty by the wife and dissolved the marriage. The wife's counsel submitted before the high court that she was not contesting the divorce as she is not aggrieved by the dissolution of the marriage. With regard to the alimony the high court observed that based on the evidence and documents available on record, and the oral evidence of both the parties, the family court had concluded that in the absence of any cogent and reliable evidence, the say of the husband against alimony, cannot be believed."Since, learned advocates could not point out anything contrary or could suggest that the findings arrived at by the learned Judge, are perverse or illegal, this Court is of the opinion that no error can be said to have been committed in allowing the maintenance of Rs.10,000/- per month to the appellant-wife," the bench said. The court directed the wife to provide her bank details to the registry of this Court, and once the details are provided, registry after proper verification, is directed to transfer the amount of Rs.4,27,000 in the account of the wife. "The respondent - husband shall deposit the remaining amount with the registry of the Family Court, and the registry shall, after due and proper verification, transfer it in the account of the appellant - wife. Needless to clarify that the amount so withdrawn or received by the appellant wife shall be adjusted against the total outstanding amount," the court said. The court dismissed the appeal. Case title: X v/s YR/FIRST APPEAL NO. 3109 of 2024 and R/FIRST APPEAL NO. 2399 of 2024Click Here To Read/Download Order

Gujarat High Court Upholds Couple's Divorce Allegedly Triggered By Wife's No Onion-Garlic Diet

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