Wife’s Refusal to Live Away from Husband is Not Cruelty: Chhattisgarh HC
Recently, the Chhattisgarh High Court ruled that if a husband demands his wife live at a place other than his company without sufficient reason, and the wife opposes, it cannot be termed as cruelty by the wife.
The bench, comprising Justices Goutam Bhaduri and Radhakishan Agrawal, reviewed an appeal challenging a Family Court judgment. The Family Court had dismissed a divorce petition filed by a husband on the grounds of cruelty.
In this case, after marriage, the wife joined her husband. The husband claimed that he was posted in a Naxalite-affected area where family members were not allowed. Due to this, he couldn’t take his wife with him, which caused her frustration. The wife’s behavior towards his family members, especially his aged mother, became improper, which the husband considered as cruelty.
The bench noted that the husband insisted his wife stay at his mother’s place even when he was posted in the city. The court stated, “If the wife insists on staying with the husband, and the husband refuses without any valid reason, it cannot be termed as cruelty by the wife.”
The High Court emphasized that mutual respect and regard are essential in matrimonial relationships. Forcing either spouse to live apart without a valid cause can lead to marital disruption. Therefore, the wife’s resistance to live separately from her husband does not constitute cruelty.
In light of this, the bench rejected the husband’s appeal for divorce.
Case Title: Sukhdev Sahu v. Smt. Gauri Sahu
