In the recent Chhattisgarh High Court case of Kalyani Bai v. Tejnath, the court held that a wife in a married home was not to be considered property or forced to work as a bonded labourer so as to continue living under her husband’s demands. The Court noted this in dismissing the husband’s accusations of cruelty and desertion against his spouse.
The panel comprising Justice Goutam Bhaduri and Justice Deepak Kumar Tiwari handled the appeal contesting the Family Court’s decision and ruling, which permitted the Respondent or the husband’s plea made as per Section 13 of the Hindu Marriage Act, 1955.
In fact, the Judges later discovered that it was the husband who was ignoring his wife’s sincere desires to stay together with him some other place and instead had been insisting that she remain in his village with his family.
In this instance, the husband and wife lived peacefully together for roughly six months after the appellant/wife, in accordance with social custom, performed “gouna” and relocated to her marital home in the village of Barduli. The appellant or wife, declined to accompany her spouse in the the village of Devarbija since her in-laws’ community lacked adequate medical facilities, and she had given birth to a girl child.
The court stressed that a wife’s expectation of being near her spouse is perfectly normal and fair. In this instance, the appellant persistently requested to reside with her husband, but the respondent treated her as though she had to stay wherever he desired. The court went on to say that it is an accepted norm that the wife who lives in a married household ought not to be treated like a servant on hire or obligated to live in circumstances that her husband dictates.
The presiding judges also stressed how crucial it is for both spouses to respect one another in their marriage. They further stated that if one partner places demands on another, it could cause conflict in the relationship.
The ruling made it quite evident that a wife’s desire to remain together with her husband and the husband’s unreasonable refusal to grant it without any legitimate or formal explanation cannot be interpreted as cruel treatment on the wife’s behalf.
There needs to be mutual respect, concern, and companionship towards one another in a marriage. In the event that any of these components are missing, any effort made by one partner to impose obligations against the other may result in the marriage failing.
Thus, the Family Court of Bemetara’s contested decision was overturned and the appeal was granted. The Respondent/husband was not entitled to a divorce decision because none of the reasons had been met, either separately or together, according to the Court’s judgement.
Written by: Divyani Newar, College name: NEF Law College, 5th Semester, 3 Year LL.B., An intern under Legal Vidhiya
References:
- https://lawupdates.in/wife-not-chattel-or-bonded-labourer-to-stay-under-conditions-imposed-by-husband-chhattisgarh-high-courtA
- https://www.thelawadvice.com/news/chhattisgarh-hc-wife-not-chattel-husband-cannot-impose-conditions
