"Not having a toilet at home amounts to cruelty"- Family courts grant divorce
In a landmark ruling, a family court of Rajasthan Bhilwara granted divorce on the grounds that absence of toilet at home amounts to cruelty.
In the present matter, a woman filed a plea for divorce as there was no toilet in the house. The woman has filed a divorce petition on October 20, 2015, in family court of Rajasthan, Bhilwara.
The woman said in her petition that she was married in 2011 and since then, even after repeated assurances, her husband has failed to build a toilet and has been forcing to defecate in open.
Justice Rajendra Kumar Sharma observed, “has it ever pained us that our mothers and sisters have to defecate in the open? Women in villages have to wait for dark to venture out in order to relieve and as a result, has to bear physical pain. It is an irony that people who spend a lot of money alcohol, tobacco, and mobile phones don’t have toilets in their homes.”
While adjudicating the matter, the court also observed that defecating in open is “disgraceful” for society and a “torture” to women thus having a toilet is necessary at home.
If there is no toilet at home, it amounts to cruelty and it is a valid ground for divorce.
Article by K,P.Satish Kumar M.L. leading family court lawyer in Chennai