Calcutta High Court Rules Husband Can Seek Divorce If Forced to Stay Away from Parents
The Calcutta High Court has declared that a husband can file for divorce if his wife forces him to separate from his parents without a valid reason. The court considers such forced separation as mental cruelty.
Case Background
This observation came while the court was hearing an appeal filed by a woman who challenged a family court order that granted divorce to her husband.
On March 31, a division bench of Justices Soumen Sen and Uday Kumar dismissed the woman’s plea. They stated that living with parents is a normal part of Indian culture and ethos, and it is a son’s moral duty to live with and support his parents.
Family Court’s Verdict
In 2009, a family court in West Midnapore, West Bengal, granted divorce to Prashant Kumar Mandal and his wife Jharna, citing cruelty as the reason. Displeased with the decision, the woman approached the High Court.
However, the High Court upheld the family court’s decision, reinforcing that forcing a man to separate from his parents without valid grounds can be considered mental cruelty and a legitimate reason for divorce under Indian law.
This ruling highlights the importance of respecting cultural values and family responsibilities in marital relationships.
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