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Calcutta High Court rebukes trial judge’s patriarchal language, grants divorce for cruelty

Citing the judge’s use of outdated marital ‘principles’, the bench cautioned that procedural lapses could be entered into his service record.

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Calcutta High Court shreds judge for 'patriarchal' remarks in divorce case

Overview

  • On May 22, the Calcutta High Court overturned a February 2018 ex parte decree and granted a divorce on grounds of cruelty.
  • The division bench of Justices Sabyasachi Bhattacharyya and Uday Kumar described the trial judge’s language as ‘patriarchal and condescending’.
  • The High Court criticized the judge for ‘copy-pasting’ from earlier rulings and relying on irrelevant four-point marriage guidelines.
  • The court noted the wife had neither produced evidence nor cross-examined her husband during the original trial.
  • The judges refrained from formal disciplinary remarks but warned that future judicial lapses could affect the judge’s career record.