Long stay of wife's family at husband's house amounts to ‘cruelty’, says Calcutta HC
In a landmark ruling, the Calcutta High Court has deemed the extended stay of a married woman's family at her husband's residence, without his consent, as a form of cruelty. This decision highlights the need for mutual respect in marital relationships.
The Calcutta High Court ruled that the long stay of a married woman's friends and family at her husband's house, against his will, can amount to cruelty.
According to a report by Times of India, Calcutta High Court on 19 December granted a divorce to a man on “grounds of cruelty”.
“Such imposition of friend and family by the woman on her husband at his quarters against his will, sometimes even when the respondent (wife) was herself not there, over a continuous period of time, can definitely be constituted as cruelty, since it might very well have made life impossible for the appellant, which would come within the broader purview of cruelty,” the court held.
Despite the wife moving out of her husband's Kolaghat house in 2008, her family and a friend continued to stay there. The wife later relocated to Uttarpara in 2016. The husband claimed cruelty, stating that they were living separately and alleging that she showed no interest in maintaining a conjugal relationship or having a child.
The report said that the divorce was filed in 2008 by the husband, only three years after their marriage. They had married in Nabadwip, West Bengal, and moved to Kolaghat in 2006, where the husband worked.
Long stay of wife's family at husband's house amount to ‘cruelty’, says Calcutta High Court
In 2008, the wife relocated to Narkeldanga in Kolkata, claiming it was more convenient due to its proximity to her workplace at Sealdah. However, during cross-examination, she stated that she moved out due to a “helpless situation.”
The husband filed for divorce on the grounds of cruelty, claiming that they had been living separately and that she showed no interest in a conjugal relationship or in having a child, TOI reported.
- The ruling emphasizes the importance of consent and mutual agreement in marital living arrangements.
- It underscores the legal implications of familial interference in spousal relationships.
- The case illustrates evolving interpretations of cruelty within Indian divorce law.
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