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The Uttarakhand High Court granted a woman divorce on the grounds of cruelty due to the fact that her husband had failed to repay loans taken in her name. The woman had filed for appeal as the Principal Judge of a Family Court in Dehradun had rejected her divorce petition in which she had stated that the husband had taken various loans in her name and also made her the guarantor in many loans.
Justice V.K. Bist and Justice Alok Singh found that the Principal Judge had failed to appreciate the evidence in the current circumstances – including the fact that the woman was a housewife and had no income of her own. The Court observed that while taking a loan in itself was not shameful or wrong, failing to repay them had caused anguish to the wife as she had faced significant embarrassment. Taking note of the fact that the appellant had faced mental agony, the Court set aside the impugned order and passed the divorce decree.
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