The Chhattisgarh High Court recently ruled that if a husband frequently arrives home late at night and his wife expresses her suspicions about a possible affair, this cannot be considered as an act of cruelty.

A division bench consisting of Justices Goutam Bhaduri and Deepak Kumar Tiwari noted that, in such situations, the wife's behavior was within the realm of “ordinary human conduct.”

In its judgment dated October 16, the Court stated, "It is a typical human reaction, and it is apparent that when a husband frequently arrives home late at night, it's natural for doubts to arise in the wife's mind. If she expresses these doubts, it cannot be considered as cruelty."

The Court was addressing a case in which it was reported that the husband had a habit of frequently returning home late at night and sometimes not returning home at all.

The husband argued that his late arrivals at home were due to his involvement in political activities, and he believed that his wife's suspicions constituted cruelty by questioning his character.

The family court had previously granted the husband's request for a divorce, and the wife subsequently appealed this decision in the High Court.

The High Court expressed the view that the wife's doubts might not have arisen if the husband had exhibited different behavior or provided a clear explanation for his actions.

The bench remarked, "Considering that doubts had arisen due to the husband's actions, it cannot be asserted that the allegations against the husband were entirely baseless. However, the facts indicate that these allegations were made in response to the husband's unusual and unexplained behavior."

The bench also highlighted that the husband had raised doubts about his wife's actions, alleging that she had been in communication with her brother's friends. The Court emphasized that both spouses should have trust in each other for a healthy relationship to exist.

The Court stated, "In a marital relationship, there should be a basic level of trust between the husband and wife, and it is not reasonable to expect the wife to limit her interactions with outsiders solely based on the husband's preferences unless concrete evidence emerges to question her character."

Based on these remarks, the Court overturned the 2017 judgment of the family court that had granted a divorce to the husband.

Case: Rainpreet Kaur vs Kulbir Chhabra, FAM No. 219 of 2017.