Wife’s relative overstaying in marital home without husband’s consent is cruelty: High Court

Kolkata (The Uttam Hindu): The Calcutta High Court has ruled that the prolonged stay of a wife’s family or friends in her marital home without the husband's consent constitutes cruelty. In a landmark decision, the court granted divorce to a man based on these grounds, shedding light on an unusual but significant issue in marital disputes.

Case Background

The case originated in West Bengal, where a man filed for divorce three years after his marriage in 2008. The husband claimed that his wife showed no interest in marital relations or having children. The couple, married in Nabadwip, initially resided in Kolaghat. However, the wife later moved to Narkeldanga, citing her workplace's location as the reason.

The husband alleged that even after the wife left for Narkeldanga, her family members and friends continued to stay at his Kolaghat home. He stated that their prolonged presence disrupted his life and amounted to mental cruelty, especially since the wife neither lived with him nor contributed to their marital relationship.

Court's Observation

The High Court observed that the wife's decision to allow her family and friends to remain at her marital home despite her absence and against her husband's wishes was unreasonable. The court noted that such behavior could disrupt marital harmony and create an environment of hostility, falling under the ambit of cruelty.

Verdict

Taking these factors into account, the court ruled in favor of the husband and granted him a divorce. The judgment highlighted that neglecting marital responsibilities and permitting such behavior without the spouse's consent are valid grounds for dissolution of marriage.