Wife's Opposition to Husband's Demand For Living Separately Cannot Be Termed Cruelty: Chhattisgarh HC

The High Court of Chhattisgarh recently observed that if a husband asks his wife to stay at a place other than his without sufficient cause and she opposes it, it cannot be termed as cruelty on her part.

The observation was made by Justice Goutam Bhaduri & Justice Radhakishan Agrawal in its decision on an appeal filed by a man against the family court's decision to not allow his petition for divorce on the ground of cruelty.

"The analysis of the evidence show that the husband insisted the wife to stay at his mother's place even if he was posted in city. It is obvious that if the wife insists to stay with the husband … and without any extraneous reason or official cause, if husband refuses to keep her it cannot be said to be a cruelty by the wife towards the husband for such insistence," said the court.

The bench further said in the matrimonial relationships, the reciprocal respect and regard to each other and the company is necessary.

"In absence thereof any forceful imposition of condition by either side may lead to a matrimonial disruption. So if the husband expects the wife to stay at a place other than his company without any sufficient cause it cannot be stated that because of resistance by the wife to stay apart-it be a cruelty by wife," added the court.

The couple had married in April 2004.

According to the husband's case before courts, since he was posted in a 'naxalite affected area' he had to stay at the station of posting where the family were not allowed to be taken with them. This "enraged" the wife and led to a case before the family court, according to the petition.

Before the court, the husband alleged out of "the trivial issue", his wife started behaving improperly with the family members and misbehaviour reached to the extent that it turned into cruelty to the aged mother. He also submitted that false allegations related to dowry were levelled against him, and he was exonerated in a case under 498-A IPC.

The wife in response submitted that though her husband stayed at a naxalite area, it was only for a "few period of time" but when he was posted in different places in Raipur, she was not with him and was left alone in the village. She also said her husband used to stay away for no reason whatsoever.

The court upheld the family court order and said the husband's appeal has no merits.

Case Title: Sukhdev Sahu v Smt. Gauri Sahu

Citation: 2022 LiveLaw (Chh) 64