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Chhattisgarh HC: Wife’s consistent Doubts about Husband’s Late Returns Not Cruelty

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Published on: October 29, 2023 at 13:53 IST

The Chhattisgarh High Court, in a recent judgment, ruled that a wife expressing doubts about her husband coming home late at night frequently and suspecting an affair cannot be considered cruelty.

A division bench of Justices Goutam Bhaduri and Deepak Kumar Tiwari found this behavior to be within the realm of normal human conduct.

The case, titled Rainpreet Kaur vs Kulbir Chhabra, revolved around a situation where the husband frequently returned home late at night and sometimes did not return at all.

The husband attributed his late arrivals to his involvement in political activities and accused his wife of being cruel for doubting his character. A family court had previously granted the husband’s divorce request, which the wife challenged in the High Court.

The High Court noted that the wife’s doubts may not have arisen if the husband’s behavior was different or adequately explained. It emphasized that in a marital relationship, maintaining a minimum level of trust in each other is essential.

The court also mentioned that both spouses should have confidence in each other unless there is concrete evidence to tarnish one’s character.

Consequently, the High Court overturned the 2017 family court judgment, which had granted divorce to the husband. Advocates Sumesh Bajaj and Rishabh Bajaj represented the wife, while Advocates Anup Majumdar and Saket Pandey represented the husband.