Wife insisting to live away from parents is cruelty: Chhattisgarh High Court

(Dr Khushalchand Baheti)Aurangabad, May16:Wife insisting on getting separated from parents and threatening to implicate in a false dowry demand case amount to mental cruelty to husband, the Chhattisgarh High Court has held in a significant ruling recently.

Shailendra Kumar and Bharti Chandra got married in June 2011. Their family life went fine for only about 3 months. Thereafter, the wife started quarreling over small things. In few days, she left husband’s house and started living with her father. After making various efforts, she returned but said that she did not want to live along with his parents. She also said that if he wanted to live with her, he has to live with her parents. After few months again wife left for father’s home.

When all possible efforts to maintain marital life failed, husband filed for divorce in family court. The wife denied all allegations and submitted that she was subjected to cruelty for demand of car and jewelery.

Family Court dismissed husband’s divorce petition observing that since no police complaints are lodged, there are chances of the couple sorting out differences in future. A compromise deed was also executed before the family court.

The husband filed an appeal in High Court (HC) which allowed it and granted divorce. The HC observed that the wife belonged to higher financial status as compared to husband. Hence, she wants to live with him but not along with in-laws. And, therefore, she always created mental pressure on him. This amounts to mental cruelty. The bench mentioned the settlement deed for conjugal rights, in which the wife had specifically stated that she would live with the husband only if he lives separately from his parents.

BOX :

Duty of son to take care of parents

It is the responsibility of the son to take care of his elderly parents. In such a situation, if wife persistently creates constraints upon husband to get separated from his family and to live with her at her parental house failing which she will implicate him in dowry case, amounts to mental cruelty on the husband.

(Justices Goutam Bhaduri and NK Chandravanshi)

Chhattisgarh High Court