Wife Forcing Friends and Family on Husband Without Consent is Cruelty: Calcutta High Court
The Calcutta High Court has ruled that if a wife forces her friends or family to stay at her husband’s home against his will, it amounts to cruelty.
A bench of Justices Sabyasachi Bhattacharya and Uday Kumar said that the wife’s mother living at the husband’s Kolaghat residence without financial exploitation showed that her stay was not for protection but was imposed on him.
The case came up after the husband appealed against a decision that had earlier dismissed his divorce petition. The couple had married in 2005 under the Special Marriage Act and later moved to Kolaghat. In 2008, the husband filed for divorce, citing cruelty.
Later, the wife filed a criminal complaint under Section 498A IPC, accusing the husband and his family of abuse.
The husband’s lawyer argued that the wife’s friend, Mousumi Paul, stayed at their home for long periods, and the wife spent more time with her friend than with her husband. The wife’s mother also lived with them regularly. According to the husband, the wife’s behavior, disinterest in the marriage, refusal to have children, and the false criminal complaint collectively amounted to cruelty.
On the other hand, the wife’s lawyer said there was no clear complaint about cruelty in the original court documents. The wife also explained that she shifted to Narkeldanga for work reasons and that she was not responsible for the husband leaving her residence.
The High Court criticized the trial judge for imposing his personal views on marriage rather than looking at the real facts of the case. The Court said that courts must look at the real-life situations of the couple, not an idealized version of marriage.
Finally, the Court allowed the husband’s appeal and granted the divorce, finding that the wife’s actions indeed amounted to cruelty.
Case Title: Mr. Dhiraj Guin vs Mrs. Tanushre Majumder
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