Wife forcing husband to separate from his family and calling him coward and unemployed is cruelty to husband - Calcutta High Court

The Calcutta High Court has upheld a lower court's order allowing a husband to divorce his wife on the ground of mental cruelty.If the wife forces her husband to separate from his parents and constantly humiliates him by calling him coward and unemployed, it amounts to mental cruelty.                        The court was hearing a case in which a court in West Midnapore district had on May 25, 2009 ordered divorce to the husband on the ground of cruelty and dissolved the marriage of the husband and wife.This order of the District Court was challenged by the wife in the High Court.                             A division bench of Justice Saumen Sen and Justice Uday Kumar while hearing the appeal filed by the wife said that In Indian culture, it is common for a son to live with his parents even after marriage.If his wife forces him to stay away from his family, there must be a just cause for that.In Indian culture it is considered a son's duty to take care of the parents.If a wife tries to separate her husband from the general practice and custom of the society, she must have a just and reasonable reason for doing so.                         The court observed that in the present case there was no justifiable reason to separate the husband from his family.Despite this, the husband left his family for his happy married life and went to live with his wife in a rented house.                                  The court said that thus it was not justified for the wife to misbehave with the husband on trivial matters and force him to leave his family and live separately.nor did the wife have any reasonable cause for doing so.There is cruelty of the wife towards the husband because no man would like to stay away from his family,Forced by the wife to stay away from the family is mental torture for the husband .                                                                             The husband told the court that his wife used to quarrel over small things to keep him away from his family and humiliated him by calling him coward and unemployed.                                                                        The court referred to the wife's personal diary and noted that she had written in her diary, "I hate the coward I am going to marry".She had no consent to marry an unemployed person like him. She even tried to stop this marriage as she wanted to marry someone else.But her parents forced her to marry this man.                                          The court also noted that the husband had lost his government job due to the wife filing a false complaint against the husband.                                                                        The Court, after considering all aspects of the matter, concluded that long periods of separation, physical and mental torture and reluctance to live together had left no scope for improvement in their marital life.And the marriage has become a miserable event for them, in such a situation, refusing to grant the degree of divorce would be harmful to both the parties.The Court dismissed the appeal filed by the wife stating the above.