On October 30, the High Court of Chhattisgarh upheld a family court’s decision granting divorce to a Hindu husband, ruling that persistent mockery of religious beliefs by a spouse constitutes mental cruelty. The court noted that, according to Hindu scriptures, a yagya is incomplete without the participation of both husband and wife, underscoring the significance of shared religious practices within marriage.
In a case presided over by Justice Rajni Dubey and Justice Sanjay Jaiswal, the court rejected the appeal of Neha, a Christian woman, had married Vikas Chandra according to Hindu customs on February 7, 2016. Neha, a resident of Karanjia in Dindori district of Madhya Pradesh, was married to Vikas, a resident of Bilaspur on February 7, 2016, as per Hindu customs. The couple faced marital discord shortly after their wedding due to Neha’s refusal to participate in Hindu religious practices and her reported mockery of Hindu beliefs and deities.
After initially residing with her husband in Delhi, she later moved back to Bilaspur, where she took a teaching position at St. Xavier’s School. She also resumed attending church services, having reembraced her Christian faith.
Vikas, a devout Hindu, testified that Neha’s behaviour caused him deep distress. He recounted that while he made repeated requests for her to respect his religious practices, Neha remained firm in her Christian beliefs, declining to observe Hindu customs and attending church services instead. Following this ongoing strain, Vikas sought legal intervention, and a family court granted the divorce, deeming Neha’s actions as mental cruelty.
The court granted his request in a decree dated April 5, which the wife subsequently challenged in the High Court.
During the High Court hearing, Neha admitted she had refrained from participating in Hindu rituals throughout their marriage. She also acknowledged her preference for attending church, a decision that Vikas argued belittled his religious sentiments and created a rift in their marital relationship.
In their ruling, Justices Dubey and Jaiswal emphasised that in Hinduism, shared participation in religious practices, including the performance of yagyas, forms a core component of marital duty. The court cited passages from the Mahabharata and Manusmriti that highlight the wife’s role as essential in completing religious rites with her husband, a role Neha did not fulfill.
The court observed, “A husband’s expectation that his wife would join him in religious practices is rooted in Hindu tradition. Her refusal, coupled with her demeaning remarks toward his faith, constituted mental cruelty.” The judges concluded that Neha’s actions not only alienated her husband but also inflicted emotional distress, justifying the family court’s original decision to dissolve the marriage.
In its final remarks, the High Court noted that religious tolerance and respect for a spouse’s faith are foundational to a harmonious marital relationship. Given that the marriage was solemnised according to Hindu customs, the court noted that Vikas could reasonably expect a degree of respect for his religious practices, an expectation Neha failed to meet.
