Wife insisting that husband live separately from Family is Mental cruelty: Chattisgarh HC

The Chattisgarh High Court, in a significant judgment, ruled that if a wife insists that her husband leaves his parents and lives separately with her and threatens to impose false accusations of dowry on him, it will amount to mental cruelty (Shailendra Kumar Chandra v. Bharti Chandra). A division bench of the High Court was hearing a petition filed by a husband who challenged the order of a family court that rejected the plea for divorce on the ground of cruelty. While taking the evidence on record into consideration, the bench noted that the couple had started to grow apart soon after their marriage. The wife often left her matrimonial house to visit her parents' house. The wife's father also insisted that her husband leave his house and live with them. According to the Court, the distance between the parties might have cropped up due to the differences in their financial strata. The Court held that since the wife belongs to higher financial strata, she might not want to live with her in-laws and only her husband. The Chattisgarh High Court held that “ [...] if wife persistently creates constraints upon husband to get separated from his family and to live with her at her parental house and also threatened him that, otherwise she will implicate him in dowry case, it, itself amounts to mental cruelty on the husband [...]”

How can a Lawyer help you?

Mental cruelty has gained recognition as a valid form of cruelty over time. As a result, a decree of divorce can usually be granted if a plea for divorce is filed on the ground of cruelty (mental cruelty). However, this primarily depends upon how strong the case is. Divorce cases involve a lot of financial and emotional stress and engaging the services of a divorce lawyer will help you alleviate this stress. Further, a divorce lawyer is well-versed with the relevant laws and court procedures and can increase the chances of a favorable outcome.