Chhattisgarh HC: Wife insisting on staying at husband’s posting place is not cruelty

Authored by - Esha Jaiswal (Intern at Legal Soch Foundation)

This news deals with the dismission of an appeal filed by the husband challenging the Janjgir family court order which denied the decree of divorce on the ground of cruelty.

Keywords – Cruelty, Posting Place, staying

A division bench of Justices Goutam Bhaduri and Deepak Kumar Tiwari pronounced that without irrelevant grounds or any specific official clause if the wife insists on staying with the husband in his working place and if the husband refuses to stay with her at his posting place then it can’t be deemed as cruelty by wife for such kind of act.

The Chhattisgarh High Court dismissed the plea filed by the husband challenging the decision of the Janjgir Family Court, which denied the decree of divorce to him on the ground of cruelty by his wife in the judgment given on June 28, 2019.

They both got married on May 19, 2005, and lived happily for some time after marriage. The husband contended that the wife left the matrimonial house without any cause and also alleged that the wife insisting him to live separately from his parents. He also alleged that after the death of his parents, his wife never came back to the matrimonial house.

The wife contended that her husband started neglecting her after 2010 and always refused to take her with him to his posting place without any relevant reason, as she wanted to live with him. Therefore, she left the matrimonial house.

The court, after hearing the contentions of both sides concluded that the husband himself did not allow his wife to stay with him at his posting place and was unable to give any relevant reason for not keeping his wife with him.

The Bench said in an order passed on September 25, When the husband himself is at fault for not keeping his wife with him and if the wife lives separately and failed to prove any sufficient cause, Husband did not make any efforts to call her or arrange any social meeting and has not taken any steps for filing any application for restitution of conjugal rights.

The bench directed the husband to pay interim maintenance of Rs. 15000 to his wife and also dismissed his appeal.

Advocate from the Husband’s Side – Adv Ritesh Giri

Advocate from the Wife’s Side – Adv Nirupama Bajaj

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