Can indulgence in politics be ground for divorce?
The Chhattisgarh High Court has held that a wife's doubts about her husband's habit of arriving home late are not cruel.
Judge Goutam Bhaduri led a bench that determined the wife's actions to be "natural human behavior."
According to the ruling made by the Chhattisgarh High Court in the case of Rainpreet Kaur vs. Kulbir Chhabra, it cannot be considered cruelty when a husband regularly returns home late at night and the wife expresses her concerns about whether he is having an affair.
The wife's actions in these circumstances, according to a division bench of Justices Goutam Bhaduri and Deepak Kumar Tiwari, were "normal human behavior."
"It is a normal human behaviour and obvious that when a husband comes late at night frequently, some doubt may come in the mind of the wife and if such doubt is ventilated, the same cannot be stated to be cruelty," the Court ruled on October 16.
The husband was allegedly accused of frequently returning home late at night in the case the court was handling. The Court was informed that on occasion, he did not return home at all.
The spouse argued that his tardiness to arrive at home was caused by his involvement in political activities. The husband argued that by questioning his character, his wife was being unkind.
The husband's divorce plea had previously been granted by a family court; however, the wife later contested it in front of the High Court.
The High Court stated that if the husband's behavior had been different or properly explained, the wife would not have had her doubts.
"Because of the fact that by the activities doubts had been created, it cannot be stated that the allegations attributed to the husband were completely wrong but the facts would reveal that the allegations were made on account of the abnormal unexplained behaviour of the husband," the court stated.
The bench also observed that the husband had refuted his wife's claims that she had been speaking with her brother's friends. The Court went on to say that mutual trust between spouses is important.
"In a relation between a husband and wife, the minimum standard of belief on each other should be maintained and it is not expected that the wife would talk to the outsiders according to the wish and will of the husband unless something otherwise comes to fore so as to assassinate the character of the wife," the Court stated.
With these observations, it overturned the family court's 2017 decision that had given the husband his divorce.
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Dr. Ajay Kummar Pandey
( LLM, MBA, (UK), PhD, AIMA, AFAI, PHD Chamber, ICTC, PCI, FCC, DFC, PPL, MNP, BNI, ICJ (UK), WP, (UK), MLE, Harvard Square, London, CT, Blair Singer Institute, (USA), Dip. in International Crime, Leiden University, the Netherlands )
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