Chhattisgarh High Court: In an appeal filed by appellant-husband against the judgment and decree dated 30-07-2022 passed by the Judge, Family Court, Balodabazaar (‘the Family Court’); a Division Bench of Deepak Kumar Tiwari and Goutam Bhaduri*, JJ., opined that in a study related to the skin-colour preference, it appeared that with regard to making decision about suitability of an individual as a potential partner, skin-colour of an individual was given preference. Further, it was also observed that the majority of skin-lightening cosmetics targeted women and they were likely to potray a dark-skinned woman as an under confident and insecure person who was unable to secure success in life untill someone suggested the use of a fairness cream. the Court opined that the incentive could not be given to the husband to promote such mindset of the society for preference of light skin over dark skin. Thus, no ground of cruelty or desertion had been made out by the husband to get the divorce decree under the Hindu Marriage Act, 1955 (‘the Act’) and accordingly, dismissed the appeal.
Background
In an instant case, the respondent-wife and the husband were married on 20-04-2005 at Gadahidih village. Subsequently, after marriage, the couple went to Hyderabad to earn livelihood and returned to their matrimonial home after six months. The husband alleged that thereafter, the wife went to her parental home and did not return. The husband further stated that the wife did not want to come back because of his financial stringency and she deliberately picked quarrels and extended threats to the effect that she would commit suicide. Therefore, a social meeting was convened and in that meeting, the wife again went back to her parental home. The husband stated that since 14-07-2017, the wife had not come back to join his company and deserted him, thus, he filed an application under Section 125 of Criminal Procedure Code, 1973 (‘CrPC’) which was dismissed by the Judicial Magistrate.
However, the wife contended that she was subjected to torture by the husband and thus, she was driven out of the matrimonial home and was constrained to stay at her parental village since 14-04-2017. The wife further stated that abuses were hurled against her on skin colour and she was also subjected to physical assault during her pregnancy because of her skin colour. She stated that the husband wanted to remarry, therefore he preferred the divorce application.
The Family Court after evaluating the evidences, vide judgment and decree dated 30-07-2022, dismissed the divorce application filed by the husband.
Thus, the husband filed the present appeal.
Analysis, Law, and Decision After evaluating all the evidences, the Court opined that the reasons assigned by the wife appeared to be more logical. The Court opined that in a study related to skin colour preference, it appeared that with regard to making decision about suitability of an individual as a potential partner, skin-colour of an individual was given preference. Dark skinned inidviduals were rated lower than their highly competent light-skinned counterparts. Further, the majority of skin-lightening cosmetics targeted women and they were likely to potray a dark-skinned woman as an under confident and insecure person who was unable to secure success in life untill someone suggested the use of a fairness cream. The Court opined that the “entire society of the human race needs to change the dialouge at home, which may not promote the fairness preference of the skin.”
The Court opined that the incentive could not be given to the husband to promote such mindset of the society for preference of light skin over dark skin. Thus, the Court opined that no ground of cruelty or desertion had been made out by the husband to get the divorce decree under the Act and accordingly, dismissed the appeal.
[X v. Y, 2023 SCC OnLine Chh 5837, decided on 22-11-2023]
*Judgement authored by: Justice Goutam Bhaduri
Advocates who appeared in this case :
For the Appellant: Sumit Shrivastava, Advocate;
For the Respondent: Md. Ruhul Ameen Memon. Advocate
Buy Code of Criminal Procedure, 1973 HERE
