Ranchi, Nov 10 — The Jharkhand High Court has observed that a married woman's right to pursue higher education and a career is her inherent right and not a privilege granted by her husband.
The court said that describing contrary views of a woman's desire to study or work as “ambition” or “over-ambition” reflects a discriminatory mindset and is rooted in gender bias.
A Division Bench comprising Chief Justice M.S. Sonak and Justice Manoj Prasad made the observations while allowing a matrimonial appeal filed by a woman from Jamshedpur seeking divorce on grounds of mental and physical cruelty.
The Bench set aside a March 16, 2019 order of the Family Court in Jamshedpur, which had dismissed her divorce petition.
The High Court examined evidence presented by the wife during the appeal proceedings.
She had testified before the Family Court and had corroborated the allegations by statements of her father, Alakh Ram, and neighbour, Pankaj Kumar Singh.
The court noted that the husband neither produced any witness in his defence nor cross-examined the wife and her witnesses properly.
The Bench further observed that although the husband had denied the allegations in his written statement, his response was vague and general.
Referring to provisions under Order VIII Rules 3, 4 and 5 of the Civil Procedure Code (CPC), the court said allegations must be specifically and categorically denied, and a blanket denial is legally insufficient.
The court held that the Family Court had erred in disregarding the wife’s testimony. It also disagreed with the lower court’s observation that the wife’s education and employment were the result of the husband’s generosity and support.
The High Court said that when a husband continues his education or career after marriage, it is considered normal, and the same standard must apply to a wife.
Judicial decisions, it added, cannot be based on gender stereotypes.
Setting aside the Family Court order, the High Court granted the woman a decree of divorce.