Whether uncompromising conduct of wife is cruelty against husband? My wife is not ready to compromise with the traditions of our family. I am a government servant in class I category. My wife is a non-working lady. She does not like my family members and always pressurising me to live separate even in the same city. My father is retired CMO and doing medical practice in Kanpur. He built large house in the city. I am posting in the Arunachal Pradesh. Due to adverse conditions in present place of posting I am not able to live with my wife. The medical facility is not good here and my three months child will face problem I we’ll live here. So, I decided to live with my parents in Kanpur.
But due to pressure from my wife I took a rental flat. She always threatens me to face dire consequences if refuse to follow my instructions. She used to go her parental home and return back after much persuasion. Several false litigations have been filed against my parents under Domestic Violence, cruelty, beating, humiliation, mental, verbal abuses and demand of dowry. Her parents entice her to do such things. She never does any household chores. I have employed four made and servant. Due to her pressure and uncompromising conduct of wife I keep no relations with my parents. I have fed-up and do not want to live with her. In this situation can i file a divorce case against her?
Asked from: Uttar Pradesh
Your wife has consistently refused to compromise with your family members or adjust to living in their household. She compelled you to live separately, even in a rented accommodation within the same city. This forced separation from your parents—especially when they are elderly and in need of your support—constitutes mental cruelty. It is the fundamental duty of a son to care for his aging parents.
In the case of Narendra v. K. Meena, (2016) 9 SCC 455, the Supreme Court observed that compelling a son to separate from his family amounts to cruelty. The Court emphasized that, for a Hindu son in India, it is neither common practice nor culturally desirable to live separately from his family after marriage. A son bears both moral and legal responsibilities to support his parents in their old age.
Similarly, in Savitri Pandey v. Prem Chandra Pandey, (2002) 2 SCC 73, the Supreme Court held that cruelty must be distinguished from the normal wear and tear of marital life. It cannot be assessed solely based on an individual spouse’s sensitivity, but must be evaluated in the context of a pattern of behavior that would generally be considered intolerable or detrimental for a spouse to endure.
In your case, you were compelled to live apart from your parents, who were later falsely implicated in criminal proceedings initiated by your wife. This clearly indicates a deliberate attempt on her part to isolate you from your family. Furthermore, she frequently chose to stay with her own parents, abandoning her matrimonial home. Such repeated separations can cause a sense of insecurity and indicate a lack of willingness to uphold the marital relationship.
The facts of your case clearly show that marital discord began soon after the wedding. Your wife had no intention of living in a joint family and often returned to her parental home. Despite your efforts—such as arranging separate accommodation to make her more comfortable—she preferred to stay with her parents, neglecting her matrimonial duties.
Under these circumstances, an act of mental cruelty has clearly been established. On this ground alone, the court may grant a decree of divorce. If there is no possibility of reconciliation or mediation, and the dissolution of the marital bond is the only viable solution, you may proceed to file for divorce under Section 13(1)(ia) of the Hindu Marriage Act. For more legal help please visit Kanoon India.
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