Mental Cruelty a ground of Divorce in case of Wife separating Husband from Parents

The Calcutta High Court recently ruled that a husband can be granted a divorce from his wife on the grounds of mental cruelty if she forces him to separate from his parents and insults him by calling him a "coward" and "unemployed". 

The bench, consisting of Justices Soumen Sen and Uday Kumar, explained that in Indian culture, it is customary for a son to live with his parents even after marriage, and any attempt by the wife to separate him from his parents must be justifiable.

The bench observed that the wife's desire to have a separate residence from her husband's family was not based on valid reasons and that her constant efforts to make her husband move out were torturous. The husband had moved to a rented house only to maintain a peaceful matrimonial life. 

The bench also noted that the wife had no valid reason to ask the husband to separate from his parents, except for minor domestic issues and financial problems.

The case involved a plea filed by the wife challenging the family court's decision to grant the husband a divorce on the grounds of cruelty. The family court had dissolved the couple's marriage in 2009. The husband had claimed that his wife had insulted him and picked quarrels over petty issues only to separate him from his parents. 

The bench observed several instances of rude behavior by the wife towards the husband and his family, including filing a false complaint that caused the husband to lose his government job.

The bench concluded that the long separation, mental and physical torture, and the parties' unwillingness to live together had left no scope to repair their marital bond. The marriage had become a fiction supported by a legal tie, and the denial of a divorce decree would be disastrous for the parties.

Therefore, the Court dismissed the wife's appeal and granted the husband a divorce on the grounds of mental cruelty.

Case: Matrimonial

Counsel for Applicant: Advs. Mr. Rahul Karmakar, Mr. Debabrata Roy

Counsel for Respondent: Sr. Adv. Mr. I. Mukhopadhyay, Adv. Mr. Pradip Neogi

Order Date: 31.03.2023 

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