Ranchi — The has dismissed a husband’s appeal seeking divorce on grounds of cruelty and desertion, holding that professional commitments leading to spouses living in different locations, or mere incompatibility, do not constitute “cruelty” under matrimonial law.
A Division Bench comprising Justices and was hearing the husband’s challenge to a March 2023 family court order, which had granted restitution of conjugal rights in favour of the wife.
Background of the Dispute
The couple married in 2011 and initially resided in Ranchi before relocating to Dumka. In 2015, the wife secured a government job in Jharkhand and began contributing financially to her family—an arrangement that reportedly led to tensions between the two.
In 2016, the husband, then posted in Odisha, asked his wife to resign from her job and join him. Upon her refusal, he initiated legal proceedings seeking restitution of conjugal rights. In 2018, a family court directed the wife to live with him.
The wife subsequently challenged this order before the High Court. She contended that she had made efforts to reconcile and continue the marriage. However, in July 2019, she alleged that her husband prevented her from entering his residence. While the wife has expressed her willingness to sustain the marriage, the husband pursued divorce, citing cruelty and desertion.
Court’s Observations
Rejecting the appeal, the High Court underscored that not every marital disagreement rises to the level of legal cruelty.
“Simple trivialities, which can be described as the ordinary wear and tear of married life, do not amount to cruelty,” the Bench observed in its April 10 order. It added that many marital disputes stem from temperamental differences and incompatibility, which, in themselves, are insufficient grounds for dissolution of marriage.
The Court further clarified that, for cruelty to be legally recognised, it must exceed the routine strains inherent in matrimonial relationships.
Notably, the Bench also observed that the husband, being employed in a central government position in Odisha, had the option to seek a transfer or relocation, rather than insisting that his wife abandon her career.
Key Takeaway
The ruling reinforces a consistent judicial position: professional separation and interpersonal incompatibility, without more serious aggravating factors, do not meet the legal threshold required to establish cruelty in matrimonial disputes.
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