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Supreme Court Says Wife’s Career Choice Is Not Cruelty or Desertion

The judgment rebukes lower courts for treating a wife's career as matrimonial misconduct.

Overview

  • The ruling, delivered Tuesday by Justices Vikram Nath and Sandeep Mehta, set aside findings of cruelty and desertion against the wife.
  • The court kept the divorce in place but reclassified it as an irretrievable breakdown because she would not resume the marriage and he has remarried.
  • It rejected the husband's bid to prosecute her for perjury, calling the allegations a product of personal vendetta from a long dispute.
  • The bench said lower courts relied on archaic assumptions that a wife must live where her husband works and accept an implied spousal veto over her profession.
  • The case involved a dentist who stayed in Ahmedabad to secure treatment for her daughter’s seizures and continue her practice, a choice the court said cannot be penalized and that could shape future cases involving transferable or remote postings.