In a significant ruling, the Calcutta High Court has held that the prolonged and unwelcome stay of a married woman’s friends and family at her husband’s residence, without his consent, constitutes cruelty. The judgment, delivered on December 19, resulted in the husband being granted a divorce.
The couple got married in 2005 in Nabadwip, West Bengal. They moved to Kolaghat in 2006, where the husband was working. However, the marriage began to strain soon after, leading the husband to file for divorce in 2008, just three years after their wedding.
The husband alleged that his wife’s friends and family often stayed at their marital home for extended periods, even in her absence, and without his consent. This caused him significant mental distress, which he claimed amounted to cruelty.
In 2008, the wife moved to Narkeldanga, Kolkata, stating that it was closer to her workplace at Sealdah. During cross-examination, she claimed the relocation was due to a “helpless situation.” Despite her move, her family and a friend continued to stay at her husband’s Kolaghat house.
The husband further alleged that they had been living separately for years and that his wife showed no interest in maintaining a marital relationship or starting a family.
The court concluded that the wife’s actions, including allowing her family and friends to stay at the husband’s house against his will, caused substantial mental distress. The court stated that such actions disrupted marital harmony and made the husband’s life intolerable, which fell under the definition of cruelty.
The High Court upheld the husband's petition and granted him a divorce, citing cruelty as the reason.
(Input from various sources)
(Rehash/Dr. Sreelekshmi P/MSM)