The Gujarat High Court in its recent order has granted divorce to a woman after she renounced the material world and became a Jain nun three months ago.
The Family Court had turned down her plea for divorce earlier, which she had now challenged in the High Court.
Case:
The couple got married on February 23, 2017. However, according to the wife’s plea, from June 7 of the same year she stopped continuing married life with her husband after he started “inflicting cruelty” on her.
The woman took diksha, a Jain ritual of renunciation, and became a nun during the pendency of her appeal in the HC against the order of the Surendranagar district family court, where her plea for divorce from her husband on the grounds of cruelty was turned down.
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Family Court
On October 12, 2018, wife filed for divorce at a family court, but her husband opposed the prayer and sought restitution of conjugal rights. The principal judge of the family court in Surendranagar dismissed her application after which she approached the HC.
On the other hand, a judicial magistrate’s court at Wadhwan, Surendranagar district, allowed the woman, who wanted to move out of her matrimonial home, to stay with her father and rejected the husband’s application for issuing a search warrant against her as sought under section 97 of the Code of Criminal Procedure (search for persons wrongfully confined).
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Wife Takes Diksha
While the wife’s plea for divorce was pending in the high court, she took diksha on November 28, 2022, and renounced the material world by entering into monastic life. The same was informed to the court by her father in an affidavit.
Gujarat High Court
A division bench of Justices AJ Desai and Rajendra Sareen, in their ruling dated January 30, said she would be entitled for divorce as she has “renounced the world by entering into a religious order.”
The High Court accordingly dissolved the marriage by a decree of divorce under the Hindu Marriage Act, 1955.
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Gujarat HC Grants Divorce To Wife After She Takes "Diksha" To Become Jain Nun During Pendency Of Appeal
▪️Family Court had rejected wife's plea for divorce
▪️During pendency of appeal, wife claimed to have renounced material world#GenderBiasedLawshttps://t.co/9KJUbnDsxp— Voice For Men India (@voiceformenind) February 20, 2023
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