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Asking woman to wear sari does not amount to crueltyBombayHC 
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Asking woman to wear sari does not amount to cruelty: Bombay HC

Bombay High Court has held that asking a woman to wear a Sari by her in-laws did not amount to "cruelty" and it is permitted under the Hindu Marriage Act.

Dismissing a petition filed by a Homeopathic practitioner, a division bench consisting of Justices A P Deshpande and R A Sondurbaldota recently ruled that the Sari may be a bothersome garment, especially compared to 'Punjabi dress', but a marriage cannot be ended over it.

Alka, the petitioner, and Anand (both names changed) got married in June 2003. Alka soon fell out with her husband and in-laws, and returned to her parents' house.

Besides filing a criminal complaint against the husband, his mother and two sisters for subjecting her to torture for dowry, she also filed a divorce petition in the family court.

In her divorce petition before the family court, she cited several instances of cruelty to which she had been allegedly subjected, including husband's illicit relationship with another woman.

One of the petitioner's grievance was that she was forced to wear sari by her in-laws.

After the family court rejected her divorce application, she filed an appeal in the High Court.

Upholding the family court's decision, the High Court last week said that in-laws' insistence on wearing sari cannot be an instance of cruelty, so as to dissolve the marriage.

Regarding her complaint of assault by sister-in-law, the High Court noted that the latter was handicapped, and could not even stand on her own and hence the story was false.

The court, in its order, also said the petitioner had failed to produce concrete evidence regarding the demand of dowry and the husband's alleged illicit relationship with another woman. Hence the petition does not have any substance value and needed to be dismissed.


Wed May 12, 2010 12:54 pm
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