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Calcutta High Court: Man Can Seek Divorce if Forced to Separate from Parents, Says Court

The Calcutta High Court has recently ruled that a man has the right to file for divorce if he is compelled by his wife to live separately from his parents without justifiable reasons. This significant ruling highlights the importance of family values in Indian culture and addresses issues of mental cruelty within marital disputes.

The court delivered this judgment during a hearing on a plea filed by a woman challenging a family court’s decision to grant divorce to her husband. The division bench comprising justices Soumen Sen and Uday Kumar dismissed the plea, emphasizing that “a son living with his parents was absolutely normal in Indian culture and ethos.” The court stressed that it is the sacred duty of a son to reside with and support his parents.

The case dates back to 2009 when a family court in West Bengal’s West Midnapore granted divorce to Prashant Kumar Mandal and his wife Jharna. Displeased with the judgment, the wife appealed to the High Court, contesting the divorce granted on grounds of cruelty. However, her plea was rejected, and the family court’s decision was upheld by the Calcutta High Court.

This ruling sets a precedent for future cases involving marital disputes and underscores the significance of family harmony and cultural values in resolving such issues within Indian society. It reaffirms the right of individuals to maintain close familial ties and addresses concerns related to mental and emotional well-being in matrimonial relationships.

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