Petty Disputes Does Not Amount To Cruelty : Calcutta High Court

KEY TAKEAWAYS

• A divorce petition was filled by appellant Mr. Chiranjib Bag on several grounds one of them being ‘cruelty' against respondent Smt. Suchandra Bag.
• The Hon’ble Court quoted – “Definition of cruelty cannot be stretched to such an extent as to include such petty disputes & differences which are part and parcel of a normal married life".

FURTHER DETAILS

• The court observed that the appellant husband had filled a divorce petition on a vague allegation of cruelty which was neither explained nor elaborated.
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• The court also remarked that while trying to make out a case of cruelty against her wife, the husband had infact done cruelty by assassinating the character, morality and sexual capability of the respondent.
• The attitude of the husband and his comments touching the chastity and womanhood are glaring examples of torture and cruelty meted out upon her.
• As allegations of cruelty couldn’t be established against his wife hence the suit was dismissed.

BACKGROUND DETAILS

• The trial court had earlier dismissed the suit which made the appellant appeal in HC for divorce.
• The learned counsel of the appellant contended that the appellant no more intends to press the grounds of adultery and desertion which were earlier contended rather would stick to the grounds of cruelty.
• It was observed by the court that the respondent (wife) did go back to her matrimonial home but was barred from entering.
• She also prayed for the dismissal of the suit and wanted to reconcile and live a peaceful married life.