In a landmark decision, the Madhya Pradesh High Court declared that forcing a spouse to quit their job to align with a partner’s preferences constitutes cruelty, justifying grounds for divorce. The ruling underscores the principle that marital decisions, including employment, must stem from mutual respect and individual agency.
The judgment, delivered by a Division Bench comprising Chief Justice Suresh Kumar Kait and Justice Sushrur Dharmadhikari, arose from a wife’s appeal against the family court’s rejection of her divorce petition. The High Court decisively overturned the earlier verdict, granting the woman a divorce.
The Court highlighted that neither spouse has the right to dictate the other’s professional choices. “Whether husband or wife wants to live together, it is their wish. Neither can force the other to leave a job or take up one based on personal preferences. Such actions amount to cruelty,” the Bench stated.
The case stemmed from a marriage solemnized in 2014. The wife, employed as an Assistant Manager at LIC Housing Finance Limited since 2017, alleged her unemployed husband persistently pressured her to abandon her government job until he secured employment. She further claimed that his demands, coupled with ongoing emotional and mental distress, forced her to live separately and seek divorce.
In her appeal, the wife pointed out that her estranged husband’s legal move to seek restitution of conjugal rights under the Hindu Marriage Act came after her divorce petition and was intended as a counter-strategy rather than a sincere effort at reconciliation.
The High Court criticized the family court for disregarding her testimony, which detailed the coercion and incompatibility she faced. It also noted that the wife had previously sought a mutual divorce, which the husband refused, exacerbating her emotional strain.
Concluding that the husband’s actions amounted to cruelty, the High Court dissolved the marriage and set aside the lower court’s 2022 order, affirming the wife’s right to independence and dignity.
