Chattisgarh High Court upholds divorce to a husband on mental cruelty as wife used to call him "Paaltu Chuha"

INTRODUCTION 

Division Bench of Chhattisgarh High Court recently upheld a family court's 2019 decree granting divorce to a husband on grounds of mental cruelty and desertion by his wife.

Facts and Background  

The couple married on June 28, 2009.  A son was born on June 5, 2010. Soon after marriage, the wife allegedly began provoking the husband against his parents and repeatedly insisted on living separately from them (i.e., abandoning the joint family setup). She sent messages pressuring the husband such as one stating: "Leave your parents and stay with me". When he refused (prioritizing his duty towards his parents), she insulted him by calling him a "paaltu chuha" (pet rat), implying he was subservient to his parents. Additional allegations included her attempting self-harm during pregnancy, assaulting him in front of his mother, disrespecting elders, creating quarrels, and refusing to adjust in the joint family.

The wife largely stayed at her parental home from around August 2010 onward (with only a brief return in 2011), amounting to prolonged desertion (over two years before the divorce petition), without sufficient reason. The husband presented his testimony, witnesses (including his father, brother, and uncle), and documentary proof like text messages. In cross-examination, the wife admitted to sending the separation-demand message.

Observations

The Bench held that the wife's repeated demands to separate the husband from his parents — without justifiable reason — constituted mental cruelty. In the Indian social and cultural context, particularly the values of joint families and a son's pious obligation/duty towards his parents (especially in old age), compelling a spouse to forsake or abandon his parents is viewed as cruelty. Forcing such separation through pressure, insults, or emotional manipulation causes grave mental suffering and disrupts matrimonial harmony. The court emphasized that while couples can choose their living arrangements, such choices cannot be imposed through coercion, ridicule, or hostility. The insulting language (e.g., "paaltu chuha") and overall conduct were not "benign" but underscored mental cruelty.

Desertion was also proved, satisfying the legal threshold under the Hindu Marriage Act, 1955 (Section 13(1)(ib) for desertion of at least two years).

The wife's pending plea for restitution of conjugal rights (to resume cohabitation) was rejected, as her admissions and actions undermined it.

Conclusion 

The High Court dismissed the wife's appeal and upheld the divorce granted by the Raipur family court in 2019. To ensure fairness (considering the wife's income, the husband's earnings, and the son's welfare), the husband was directed to pay ₹5 lakh as permanent alimony to the wife.

This ruling aligns with broader Indian judicial precedents (including Supreme Court and other High Courts) that recognize persistent, unjustified demands to separate from parents as a form of mental cruelty, especially in the context of traditional family values. It highlights how emotional and psychological pressure in matrimonial disputes can qualify as cruelty under Section 13(1)(ia) of the Hindu Marriage Act.