Wife Forcing Friends and Family to Stay at Husband’s House Against His Will Amounts to Cruelty: Calcutta High Court
The Calcutta High Court has ruled that if a wife forces her friends or family members to stay at her husband’s residence against his wishes, it amounts to cruelty under matrimonial law.
A division bench of Justices Sabyasachi Bhattacharya and Uday Kumar gave this ruling while hearing an appeal filed by the husband, Mr. Dhiraj Guin, who had challenged the trial court’s order dismissing his divorce petition.
The couple married in 2005 under the Special Marriage Act and lived together in Kolaghat. In 2008, the husband filed a divorce suit alleging cruelty. He claimed that his wife imposed her friend, Mousumi Paul, and her mother on him, who stayed in their residence for long periods without his consent. He also alleged that his wife neglected him, avoided a conjugal relationship, and later filed a false criminal case under Section 498A IPC after receiving the divorce summons.
The wife, Mrs. Tanushree Majumder, denied the allegations, stating that she faced ill-treatment from her matrimonial family and had to shift to Narkeldanga for work convenience. She argued that the husband never tried to live with her at her official residence and that her complaint was genuine.
The High Court, however, observed that the trial court had wrongly imposed its own views on marriage instead of judging the case on facts. The bench emphasized that courts should evaluate the realities of the specific couple before them, not idealized notions of marriage.
Accordingly, the High Court allowed the husband’s appeal and granted a decree of divorce, holding that the wife’s actions constituted cruelty.
Case Title: Mr. Dhiraj Guin vs Mrs. Tanushree Majumder
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