The Calcutta High Court granted a divorce to a husband, saying that the “imposition” of his wife’s friend’s family on him was a valid reason for separation. The husband argued that his wife’s constant insistence on visits and the interference of her friends and their families made the situation unbearable. The court agreed with the husband, recognizing that this affected his mental peace.
Kolkata: The Calcutta High Court granted a divorce decree to a husband based on grounds of cruelty, citing the “imposition of the wife’s friends and family upon him, as well as the filing of a false case of matrimonial cruelty by her”.
A division bench led by Justice Sabyasachi Bhattacharyya set-aside the trial court’s decision, describing it as “perverse and erroneous.”
In a judgment delivered on December 19, the court stated that the husband had presented a strong case of mental cruelty against the wife, thereby warranting the divorce.
Read Also: Supreme Court Upholds Divorce Decree, Quashes 498A Case Against Ex-Spouse
The bench, which included Justice Uday Kumar, highlighted that the wife’s friends and family frequently visited the husband’s official quarters in Kolaghat, East Midnapore, despite his objections.
Emphasizing that it likely made life unbearable for the husband the bench noted,
“Such imposition of the friend and family of the respondent on the husband… can definitely be constituted as cruelty,”
The court also pointed out that the wife unilaterally decided to avoid conjugal life with the husband for an extended period, indicating a breakdown of the marital bond. The husband’s counsel argued that the wife’s preference for spending time with her friend constituted cruelty in itself.
The couple married on December 15, 2005, and the husband filed for divorce on September 25, 2008. Shortly after, the wife lodged a complaint against him and his family, leading to criminal proceedings under Section 498A of the Indian Penal Code. The husband and his family were acquitted, and the court noted that this acquittal, along with the timing of the complaint, suggested it was fabricated.
Section 498A of the Indian Penal Code (IPC) deals with the crime of cruelty by a husband or his family members towards his wife. This law introduced in 1983 to protect women from mistreatment and abuse by their husbands and in-laws, especially in cases related to dowry. It focuses on preventing cruelty within marriages.
Although Section 498A was made to protect women from domestic violence and harassment, it has faced criticism for being misused. Some people argue that the law is sometimes used to wrongly accuse innocent family members, especially when the woman may be seeking revenge or trying to claim property. Because of this, the Supreme Court and other courts have suggested that there should be safeguards to prevent misuse of the law.
The wife’s lawyer contended that the husband had not substantiated his claims of cruelty, asserting that the trial court’s dismissal of the suit was justified.
However, the court found that the wife’s choice to live separately at her quarters in Narkeldanga, Kolkata, and her lack of any complaints during the marriage indicated intentional cruelty.
The bench concluded that the wife’s subsequent allegations were unfounded and lacked specifics.
Affirming that the husband could no longer continue living with his spouse due to this cruelty, the court stated,
“Such bald and false allegations constitute sufficient cruelty,”
The decision led to discussions about the impact of outside influences on a marriage. While some people feel that this ruling sets an important example for respecting personal space within a marriage, others believe it’s important to consider the cultural and social background before making such judgments.
This case serves as a reminder that in marriage, respecting each other’s personal space, along with trust and understanding, is key to keeping a healthy relationship.
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