Wife’s Divorce Plea Granted as MP High Court Rules Husband’s Control Over Job Choice as Cruelty

In a significant ruling, the Indore bench of the Madhya Pradesh High Court dissolved a woman’s marriage, holding that her husband’s coercive actions in forcing her to quit her government job and conform to his lifestyle amounted to cruelty under the Hindu Marriage Act, 1955. The judgment set aside a family court’s earlier decision rejecting the wife’s plea for divorce.

Key Observations by the High Court

• The division bench, comprising Chief Justice Suresh Kumar Kait and Justice Sushrut Dharmadhikari, observed that neither spouse can impose decisions about employment on the other.
• The Court stated: “Whether husband or wife wants to live together, it is their wish. Neither husband nor wife can force the other to do or not do a job as per the spouse’s choice.”
• The bench emphasized that the husband’s pressure on his wife to leave her job and live according to his preferences constituted cruelty.

Background of the Case

• The couple married in April 2014 after knowing each other and being in love before their union.
• The wife was appointed as an Assistant Manager in LIC Housing Finance Limited in 2017, while the husband was unemployed at the time.
• The husband coerced the wife to leave her job and demanded she not work until he secured employment, claiming it was necessary for their marital harmony.

Legal Proceedings

• Family Court Decision:
  • The wife filed for divorce on the grounds of cruelty, but the family court dismissed her plea, citing the absence of police complaints or corroborating witness testimony.
  • The court also considered her previous notice for mutual consent divorce, ruling that minor disputes cannot constitute cruelty in legal terms.
• Husband’s Petition:
  • The husband filed for restitution of conjugal rights under Section 9 of the Hindu Marriage Act in January 2020, shortly after the wife’s divorce petition. However, he withdrew this petition on October 20, 2022, following the family court’s dismissal of the divorce plea.
• Appeal to the High Court:
  • The wife challenged the family court’s ruling, arguing that her husband’s coercive behavior, lack of compatibility, and discord provided valid grounds for divorce.

High Court’s Findings

• The bench found that the family court had erred in dismissing the wife’s plea, noting that her mutual consent divorce filing was not solely due to the job issue but also due to compatibility concerns.
• The Court underscored: “The respondent-husband never wanted the appellant to get a divorce; this itself amounts to cruelty.”
• The bench emphasized that forcing a spouse to abandon their career and live according to another’s preferences violates the principle of individual autonomy in marriage.

Court’s Final Judgment

• The High Court overturned the family court’s decree and allowed the wife’s divorce plea, dissolving the marriage.
• The judgment stated: “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 respondent-husband never wanted the appellant to get divorce; this itself amounts to cruelty.”

Case title: X v Y

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