Wife staying with relatives at in-laws house is harassment: Calcutta HC grants husband divorce

The Calcutta High Court has ruled that a wife’s decision to permanently bring relatives to stay at her in-laws' home can amount to harassment, leading to a divorce. The bench, comprising Justice Sabyasachi Bhattacharya and Justice Uday Kumar, delivered the judgment while hearing a divorce petition filed by a husband from Nabadwip in 2005.

The couple, married for three years, had their issues soon after their wedding. According to the husband’s statement, after living in Kolaghat for a year, his wife moved to her parental home in Uttarpara. He claimed that although she could commute from Kolaghat to Sealdah, she chose to stay in Uttarpara and did not return to their marital home. He further alleged that the wife began bringing her relatives from her parental home to stay at his house whenever she visited Kolaghat, which created discomfort.

In response, the wife accused the husband of pressuring her to share her mother’s pension and her own salary. She stated that this financial pressure forced her to stay away from her marital home and avoid returning alone. The wife also indicated that these demands led to a strained relationship, contributing to her reluctance to stay with her husband.

Initially, the lower court dismissed the husband’s petition for divorce, rejecting his claims of harassment. The husband appealed to the Calcutta High Court, which examined the case and overturned the lower court's decision. In its ruling, the High Court observed that if the wife’s relatives were residing permanently at her in-laws' house without the husband’s consent, this could be seen as harassment. The court’s decision granted the husband a divorce, citing the wife's actions as valid grounds for marital distress.