The Calcutta High Court recently ruled that a husband can be granted a divorce on grounds of mental cruelty inflicted by his wife, who forces him to live separately from his parents and labels him as a “coward and unemployed.” The court stated that it is customary in Indian families for a son to reside with his parents even after getting married, and if the wife wishes to separate him from his parents, there must be a valid reason. The bench observed that Indian culture values the obligation of sons to take care of their parents and that it is not normal for a son to leave his parents at the request of his wife.
According to the Calcutta High Court, a wife must have a valid reason to compel her husband to live separately from his parents, as he cannot be forced to do so without any justifiable cause. It is a prevalent tradition for a son in India to continue residing with his parents after getting married, and if his wife desires otherwise, she must provide a reasonable justification for her stance. The bench observed that in the present case, there were no justifiable reasons for the wife to ask the husband to get separated, except for trivial domestic issues and financial problems. The court held that such behavior amounts to cruelty towards the husband. The bench further noted that the persistent effort of the wife to separate the husband from his family would be torturous for him, and no husband would tolerate such acts from his wife, nor would any son want to be separated from his parents and other family members.
A wife had filed a plea challenging a family court’s order granting divorce to her husband on grounds of cruelty. The court dissolved the couple’s marriage, which took place on July 2, 2001. The husband claimed that his wife had repeatedly picked fights with him over petty issues and had called him a ‘coward and unemployed’ to get him separated from his parents.
The bench, which was hearing the case, noted that the wife had exhibited rude behavior towards her husband and his family on several occasions. The bench cited an entry in her personal diary where she had expressed her dislike for her husband and had stated that she did not consent to marry an unemployed person like him. The bench further noted that despite her reservations, the husband had made efforts to accommodate her.
The Court also observed that the wife had made false allegations against her husband, which resulted in the loss of his government job. Her statement that she would not let him join his job was an act of mental cruelty on the husband, according to the bench.
Due to prolonged separation, mental and physical torture, and the unwillingness of both parties to live together, there was no possibility of repairing their marriage. Although supported by a legal bond, their marriage had become a fiction. The Court opined that by denying a divorce, the law would show little regard for the parties’ feelings and emotions, leading to mental cruelty.
Hence, dismissing the wife’s appeal and refusing to sever the legal tie, would be detrimental to the parties, the bench concluded.
Source: https://www.barandbench.com/news/forcing-husband-get-separated-from-parents-calling-him-coward-unemployed-cruelty-calcutta-high-court
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The Calcutta High Court has ruled that seeking a divorce on the grounds of a partner's infertility constitutes mental cruelty and is therefore not a valid grounds for divorce.