Wife’s Refusal to Live Away from Husband Is Not Cruelty: Chhattisgarh High Court
The Chhattisgarh High Court recently ruled that if a husband expects his wife to live apart without sufficient reason, and she refuses, it cannot be considered cruelty. The court emphasized the importance of mutual respect and companionship in a marriage.
The bench, consisting of Justices Goutam Bhaduri and Radhakishan Agrawal, heard an appeal challenging a Family Court decision that dismissed a husband’s petition for divorce on the grounds of cruelty.
In this case, the wife initially lived with her husband after their marriage. The husband, who was posted in a Naxalite-affected area, could not take his wife with him as family members were not allowed in such regions. This situation led to tensions, and the wife reportedly started behaving improperly with the husband’s family, particularly his elderly mother.
The bench observed that the husband insisted his wife stay with his mother, even when he was posted in the city. The court noted that if the wife wanted to stay with her husband and there was no valid reason or official duty preventing it, the husband’s refusal to live with her could not be considered cruelty on her part.
The High Court highlighted the need for mutual respect and regard in a marriage, stating that forcing one partner to live apart without a good reason could disrupt the matrimonial relationship. The court ruled that the wife’s resistance to living apart from her husband did not constitute cruelty.
In light of these considerations, the bench rejected the husband’s appeal.
Case Title: Sukhdev Sahu v. Smt. Gauri Sahu
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