The Indore bench of the Madhya Pradesh High Court has dissolved a marriage, ruling that a husband forcing his wife to leave her job and live according to his preferences constitutes cruelty. The judgment was delivered by a division bench comprising Chief Justice Suresh Kumar Kait and Justice Sushrut Dharmadhikari while allowing an appeal filed by the wife against a family court’s dismissal of her divorce petition.
The court observed, “Whether husband or wife wants to live together, it is their wish. Neither husband nor wife can force the other side not to do a job or do any job as per the choice of the spouse.”
Case Background
The couple married in April 2014 after being in a relationship. In 2017, the wife was appointed as an Assistant Manager at LIC Housing Finance Limited. At that time, the husband was unemployed. According to the wife, her husband compelled her to quit her government job until he found employment, and his coercive behavior, combined with a lack of compatibility, prompted her to seek a divorce.
The husband later filed a petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights after the wife initiated divorce proceedings. This petition was withdrawn in October 2022, shortly after the family court dismissed the wife’s plea.
High Court’s Observations
The High Court noted that the family court had erred by dismissing the wife’s divorce plea, stating, “The learned Family Court has not considered the statement made by the appellant-wife, who specifically stated that due to the reason that respondent-husband compelled her to leave the job and stay with him, she filed the divorce petition.”
The court further remarked, “In this manner, forcing the wife to leave the job and live as per his wish and style amounts to cruelty.”
It also highlighted that the respondent husband’s opposition to the appellant’s desire for divorce was itself an act of cruelty, stating, “The respondent-husband never wanted that appellant should get divorce; this itself amounts to cruelty.”
Judgment
The High Court overturned the family court’s decision, dissolving the marriage. It emphasized that personal freedom within a marriage must be respected and that no spouse can be coerced into making career decisions based on the other’s wishes.
The ruling is expected to reinforce the principle that individual autonomy within a marital relationship must be upheld and that undue pressure or coercion can be grounds for divorce under the Hindu Marriage Act.
