The Chhattisgarh High Court recently ruled that a wife opposing her husband’s demand to live separately from him cannot be considered an act of cruelty. This decision was made while hearing an appeal against a Family Court judgment that dismissed the husband’s divorce petition filed on the grounds of cruelty.
The bench, consisting of Justices Goutam Bhaduri and Radhakishan Agrawal, examined the case where the husband claimed his wife behaved improperly after he requested her to live with his mother while he was stationed in a Naxalite-affected area.
According to the husband, his duty in high-risk areas prohibited him from taking his wife along. He alleged that his wife’s resistance and inappropriate behavior towards his family, especially his elderly mother, amounted to cruelty.
The court clarified that insisting on staying with one’s spouse is not an act of cruelty. The bench stated, “If the husband insists the wife live apart without a valid reason, her refusal cannot be termed as cruelty.” The court further emphasized that mutual respect and togetherness are essential for a harmonious marriage. Any attempt to impose unreasonable conditions can disrupt matrimonial harmony.
Based on these considerations, the court dismissed the husband’s appeal and upheld the Family Court’s decision.
Case Title:
Sukhdev Sahu v. Smt. Gauri Sahu
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