In a significant ruling, the Chhattisgarh High Court clarified that if a wife resists her husband’s demand to live in a different location without a valid reason, it cannot be considered cruelty. The court made this statement while dismissing a husband’s appeal for divorce on the grounds of cruelty.
The case was heard by a bench comprising Justices Goutam Bhaduri and Radhakishan Agrawal. The husband had appealed against a Family Court’s decision that rejected his divorce petition, which claimed his wife’s behavior amounted to cruelty.
In the case, after the couple got married, the wife initially lived with her husband. The husband, who was stationed in a Naxalite-affected area, argued that he could not take his wife with him due to security restrictions. He claimed that this caused tension between them, leading to the wife mistreating his elderly mother.
However, the court observed that the husband’s insistence on the wife staying with his mother, even when he was posted in a city, could not be justified. The judges noted that if a wife wants to live with her husband and he refuses without any valid reason, it cannot be labeled as cruelty on the wife’s part.
The High Court emphasized that mutual respect and companionship are crucial in a marriage, and forcing either party to live apart without good cause can disrupt the relationship. In this context, the wife’s opposition to living separately was not considered cruelty.
The court, therefore, rejected the husband’s appeal and upheld the Family Court’s decision.
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
