The recent observation by the Chhattisgarh High Court emphasizes that women in matrimonial relationships should not be treated as property or forced to live under conditions imposed by their husbands. This underscores the importance of gender equality and women's rights within marriages.

The court made this observation in the context of rejecting allegations of desertion and cruelty brought forward by a husband against his wife. Instead, Justices Goutam Bhaduri and Deepak Kumar Tiwari found that the husband was the one insisting that his wife should reside in his village, ignoring her genuine requests to live together in a different location.

The court emphasized that it is entirely natural and reasonable for a wife to expect to be with her husband. In this case, the respondent (husband) consistently refused the appellant's (wife) genuine request to live together and treated her as if she were obligated to stay wherever he wanted her to be. The court further stated that it is a well-established principle that within the context of a matrimonial home, a wife should not be regarded as a hired servant or forced to live under conditions dictated by the husband.

The court also emphasized the importance of mutual respect between husband and wife within a marriage. According to the judges, if either party imposes conditions on the other, it can disrupt the harmony of the marriage.

The judgment made it clear that if a wife wishes to stay with her husband, and the husband unreasonably refuses to do so without any valid or official justification, it cannot be considered as cruelty on the part of the wife. In a marital relationship, there should be mutual respect, regard, and companionship. In the absence of these elements, any attempt by either spouse to forcefully impose conditions can potentially lead to the breakdown of the marriage.

The Court also considered allegations that the husband had insisted on his wife returning to the matrimonial house but was unwilling to stay with her there. In light of this perspective, the Court concluded that the wife's alleged behavior was not cruel. The Court explained that if the husband expects the wife to stay away from his presence without a valid reason, it cannot be considered an act of cruelty by the wife simply because she resists staying apart from him.

As per the facts, the couple was married in May 2008. The husband expressed his desire for his wife to live with him in Barduli, his village, but she refused. Consequently, he filed for divorce on the grounds of desertion and cruelty. The family court granted the divorce, and the wife subsequently contested the divorce decree in the High Court.

In her appeal to the High Court, the wife asserted that she had consistently been willing to live with her husband. She argued that it was her husband who did not want her to stay with him and insisted that she live separately in the village.

After carefully evaluating the opposing arguments, the High Court concluded that the trial court had not fully considered all the facts in the correct context. Consequently, the High Court allowed the wife's appeal and annulled the divorce decree.

Case: Smt. Kalyani Bai Vs. Tejnath @ Kejwaram Sahu, F.A(MAT) No.12 of 2019.

Read/Download Order: Smt. Kalyani Bai Vs.Tejnath @ Kejwaram Sahu