The Chhattisgarh High Court ruled on Tuesday that a wife should not be viewed as her husband's hired property or as his bound labor in a married home.
The appeal contesting the Family Court's decision to dismiss the husband/appellant's application for a divorce order filed under Section 13 of the Hindu Marriage Act, 1955, was handled by the bench of Justices Goutam Bhaduri and Radhakishan Agrawal.
In this case, the appellant/husband claims that his wife has refused to stay with him and his family and has visited her mother's house on many occasions without telling him. He alleges his spouse took their child from school without permission, and she filed complaints against him under the Protection of Women from Domestic Violence Act and for maintenance, which he perceives as damaging to his reputation. He requests a divorce judgment, claiming that his wife's behaviors amount to mental cruelty and that they have not been able to reconcile after living apart for three years.
The husband's lawyer, A.N. Bhakta, stated that the wife was emotionally and physically abusing him and had begun to question his morality. He claims that since December 2014, they have not lived together since the respondent-wife left her husband and is living apart without good reason. It was stated that in addition to her repeated acts of cruelty, the wife tried to attempt adultery with her husband's cousin.
The wife's lawyer, Nishikant Sinha, stated that the husband and she used to fight and that his behavior toward her was cruel and he always created hindrances in her life because of which she was not able to perform her marital obligations properly. According to the wife, the husband and his family members ousted her from the matrimonial home without any rhyme or reason.
High Court referred to the case of Smt. Rohini Kumari v. Narendra Singh where the Supreme Court held that desertion does not imply only a a separate residence and separate living. It is also necessary that there must be a determination to put an end to marital relation and cohabitation.
The bench observed that the evidence presented by the husband suggests that he married the wife primarily to serve his family as a maidservant. Additionally, it seems that he was suspicions about her character based on hearsay from his cousin alleging coercion into physical relations. However, no concrete evidence has been provided to support this particular claim.
High Court noted that the respondent-wife seemed to have demonstrated willingness to cohabitate with the appellant-husband notwithstanding his insignificant concerns. Despite difficult circumstances, she has shown concern for her family and her spousal duties. In addition, testimony from the husband's family members implies that he had a phone affair with a different lady and that the respondent-wife was kicked out of their marital residence after giving birth to a girl. The respondent-wife continued to have friendly relationships with her husband's family in spite of disagreements.
The bench stated that it is a very natural and rightful demand of the wife from her husband to keep her along with him. The appellant-husband, from the very beginning, not accepted any such genuine request of the wife and always used to treat her as a chattel and thought that she is bound to live in such a place where he wants to keep her. It is a well settled that in the matrimonial house, the wife should not be treated as hired chattel or a bonded labour to stay under the conditions imposed by the husband.
High Court submit that the Family Court held that the appellant-husband has failed to prove the allegations levelled by him against the respondent-wife; therefore, he is not entitled for a decree of dissolution of marriage and accordingly, dismissed his suit. Therefore, the cruelty & desertion on which divorce was sought for have not been proved by the appellant-husband.
In view of the above, the bench dismissed the appeal.
Case Title: Ashwini Kumar Singh v. Sadhna Singh
Bench: Justices Goutam Bhaduri and Radhakishan Agrawal
Case No.: FA (MAT) No. 30 of 2022
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