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Wife’s Refusal to Live Separately from Husband Is Not Cruelty: Chhattisgarh High Court

The Chhattisgarh High Court has ruled that a wife’s refusal to live separately from her husband, without a proper reason, cannot be considered cruelty.

This decision came in a case where a husband appealed against a Family Court judgment that dismissed his divorce plea. The husband claimed that his wife behaved cruelly because she refused to live where he wanted her to — away from him and his official posting.

The court explained that the husband was posted in a Naxalite-affected area where family members were not allowed to stay. Due to this, he asked his wife to stay with his mother instead. The wife became upset and allegedly started misbehaving with his family, especially his aged mother.

However, the bench of Justices Goutam Bhaduri and Radhakishan Agrawal clarified that a wife’s desire to stay with her husband is natural, and her opposition to living apart, especially when there’s no strong official reason, is not cruelty.

The court added that in marriage, mutual respect and companionship are important. Forcing one partner to live away without sufficient cause can harm the relationship.

In conclusion, the High Court dismissed the husband’s appeal, saying that the wife’s actions do not amount to legal cruelty.

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