Calcutta High Court Quashes Husband's Criminal Complaint, Says Wife Can’t Be Stopped From Residing With Visually Challenged Mother

“The complainant/husband’s parents are not alive nor is he employed. Now when the mother of the wife is 100% blind in both eyes, having none to look after and protect her, the opposite party no. 2/husband is being unreasonable. A situation like this undoubtedly requires that a child, the daughter/petitioner herein, will be her mother’s mental, physical and emotional support, more so when the husband having no other family members has been residing with them since 2009. She is also the sole earning member of the family.

It was argued by the petitioner that her aged mother was 100% blind in both eyes, and that she was working as a teacher in a primary school, which was located near her parents’ home, and thus she and her husband would reside with her mother since 2009 after the husband’s/complainants mother had passed away.

Court noted that the main dispute between the parties was regarding their place of stay, but that the wife’s case was supported by being the sole earning member of the family, with her place of work located near her mother’s residence, who needed her help and support.

Accordingly, in noting that there was no material on record in the case diary that suggested the commission of any prima facie offence by the petitioner, the Court allowed the revision application and quashed the criminal complaints. It concluded:

"Taking care of one’s parents is an emotional and loving act. No force in the world can stop a child from doing it and no child can be forced to do so, if he or she does not want to.”

Citation: 2023 LiveLaw (CaL) 308

Case: Sampa Deb (Basu) Vs. The State of West Bengal & Anr.

Case No: CRR 1284 of 2019