Keeping maternal family members in in-laws' house without husband's consent is cruel, after 16 years High Court gave historic decision, ordered divorce

Keeping her friend at home against her husband's wishes proved costly for the wife. In the divorce case that went on between the two for 16 years, the Calcutta High Court has given its verdict in favor of the husband. The court also accepted that keeping the maternal relatives against the will of the husband comes under mental cruelty. The court has issued an order for divorce from the wife, overturning the decision given in the lower court against the husband. The wife had made a false allegation of marital cruelty against him. The victim's husband has now got relief from this decision of the court.

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The couple got married on 15 December 2005 in Kolaghat in East Midnapore district. The husband had filed a divorce case on 25 September 2008 and on 27 October the same year, the wife had sent a complaint against the husband and his family to Nabadwip police station by registered post.

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The husband's lawyer argued in the court that the wife often spent time with her friend, and these incidents could be seen as a deliberate attempt by the wife to create a rift in her marital relationship with the husband. The husband said that his friend's constant stay in the house and the wife's encouragement of this situation showed that the wife was not concerned about the husband's mental health.

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Keeping family and friends in the husband's quarters against his wishes for a continuous period of time, sometimes even in the absence of the respondent-wife herself, can certainly be considered as cruelty…' The Court said that in the present case the wife By taking a unilateral decision, she refused to live a marital life with her husband for a long time and undoubtedly there was a long period of separation, which clearly shows that the marital bond is now beyond repair.

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In this case, the bench of Justice Sabyasachi Bhattacharya and Justice Uday Kumar overturned the decision of the lower court in the divorce case and termed it wrong. The court said that keeping the wife's family and friends in the house against the husband's wishes falls in the category of mental harassment.

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The High Court said that despite her objection and discomfort, the presence of the wife's friend and other members of her family at the husband's official residence in Kolaghat in East Midnapore district is proved by the records. Due to the continuous stay of the wife's family members in the husband's house, His mental peace was affected. The court also said that such a situation proves that the husband was mentally abused.

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