If Wife Insists To Stay With Husband At His Posting Place, It Cannot Be Said To Be Cruelty By Her: Chhattisgarh HC
|The Chhattisgarh High Court has held that if a wife insists to stay with husband at his posting place, it cannot be said to be cruelty by her.
The challenge in the appeal before the court was to the judgment and decree passed by the Judge, Family Court whereby the application/suit preferred by the appellant/husband for grant of decree of divorce was dismissed.
A Division Bench comprising Justice Goutam Bhaduri and Justice Deepak Kumar Tiwari said, “It is obvious that if the wife insists to stay with the husband and without any extraneous reason or official cause, if husband refuses to keep her at the posting place, it cannot be said to be a cruelty by the wife towards the husband for such insistence. During the matrimonial ties, the reciprocal respect and regard to each other and company is necessary.”
Advocate Ritesh Giri represented the appellant/husband while Advocate Nirupama Bajpai represented the respondent/wife.
Facts of the Case -
The parties were married in 2005 and after some time of the marriage, behaviour of the respondent/wife was changed and she started raising quarrel on petty issues. She created pressure on the appellant to reside separately from his parents and started neglecting his parents. The respondent was also not discharging the domestic responsibility and when the appellant tried to convince her, she used to become angry and started behaving rudely. It was further alleged that without his consent she used to frequently go to her parents’ house and resided there for 3-4 months without any reason.
Though the appellant tried several times to bring the respondent back, but she refused to come. However, when the respondent insisted the husband to take her along to the place of his posting and let her live with him there, he refused to do so and she alleged that since 2010, he started neglecting her and therefore, she left the matrimonial house. The respondent filed an application for maintenance before the Family Court, Raipur under Section 125 of the CrPC, in which maintenance amount of Rs. 5,500/- per month was granted to her.
The High Court in view of the facts and circumstances of the case observed, “In the light of aforesaid observations, if we examine the facts of the present case, we find that as per the pleading of the plaint, the appellant himself has stated that after December, 2009, he had tried to bring back his wife, which is belied by the stand taken by the respondent/wife during the counseling proceeding, as in the said proceeding, the respondent/wife had expressed her desire to join the company of the appellant and it was the appellant who refused to keep her.”
The Court further noted that any past relations with the parents and behaviour of the appellant was already condoned by the conduct of the appellant and the finding recorded by the Family Court is based on material available on record and no interference is called for in the said finding.
“With respect to permanent alimony, it is admitted that the appellant is working as Shiksha Karmi Grade-I and the respondent/wife is getting interim maintenance of Rs.5500/- per month in a proceeding under Section 125 of the CrPC. Considering the present market rates and inflation and to further avoid multiplicity of proceedings, we deem it apposite that Rs.15,000/- be granted as monthly maintenance to the respondent/wife henceforth. Accordingly, the husband shall pay an amount of Rs.15,000/- as monthly maintenance to the respondent/wife”, directed the Court.
The Court added that the appellant shall make regular monthly deposit of aforesaid maintenance amount to the account of respondent/wife and that in every 3 years, there shall be an increase @ 5% on the aforesaid amount.
Accordingly, the High Court dismissed the appeal.
Cause Title- Ravishankar Shrivas v. Sarita Sen (Neutral Citation: 2023:CGHC:23736-DB)