While allowing a woman’s plea for annulment of marriage to a man, Indore bench of Madhya Pradesh High Court highlighted that in the present case the husband’s demand that his wife should resign from her government job till he gets a job and to ‘behave in the manner he wants’ amounts to the very definition of cruelty as ground for seeking divorce. Call Now For Legal Advice:-91-8877001993
Consult Verified Legal Experts
Adv. Suresh Tripathi
Supreme Court of India
- • Court Marriage
- • Adoption & Custody
- • Mutual or Contested Divorce
PRAYAGRAJ
15-20+
Years of
Experience
Experience
Adv. Tanya Bansal
Supreme Court of India
- • RERA Matters
- • Legal Notice
- • Succession Issue
Ghaziabad
15-20+
Years of
Experience
Experience
Adv. Karan Khanna
Supreme Court of India
- • Anticipatory Bail
- • Money Recovery
- • Cheque Bounce
Model Town
15-20+
Years of
Experience
Experience
Adv. Reena Saxena
Supreme Court of India
- • Anticipatory Bail
- • Money Recovery
- • Cheque Bounce
Kanpur
15-20+
Years of
Experience
Experience
Adv. Vinayak Patil
Supreme Court of India
- • Agreements
- • Employment Matters
- • Statutory Compliances
Pune City
15-20+
Years of
Experience
Experience
Adv. Sneha Naidu
Supreme Court of India
- • Property Matter
- • Corporate Issues
- • Startup Compliances
Hyderabad
20-25+
Years of
Experience
Experience
Adv. Akash Yadav
Supreme Court of India
- • Cyber Crime
- • Anticipatory Bail
- • Money Recovery
GURUGRAM
15-20+
Years of
Experience
Experience
Adv. Pooja Iyer
Supreme Court of India
- • Audits
- • Trademark & other IP
- • Company Registration
Chennai
20-25+
Years of
Experience
Experience
Adv. Rajiv Malhotra
Supreme Court of India
- • Anticipatory Bail
- • Money Recovery
- • Cheque Bounce
Karol Bagh
20-25+
Years of
Experience
Experience
Adv. Megha Shah
Supreme Court of India
- • Cyber Crime
- • Money Recovery
- • Cheque Bounce
Ahmadabad City
20-25+
Years of
Experience
Experience
Adv. Ankit Jain
Supreme Court of India
- • RERA Matters
- • Consumer Protection
- • Legal Notice
Vijaypur
20-25+
Years of
Experience
Experience
Adv. Simran Kaur
Supreme Court of India
- • RERA Matters
- • Case Transfer Matters
- • Legal Notice
Ludhiana (East)
15-20+
Years of
Experience
Experience
Adv. Manish Tyagi
Supreme Court of India
- • Anticipatory Bail
- • Money Recovery
- • Cheque Bounce
Noida
10-15+
Years of
Experience
Experience
Adv. Harsh Chauhan
Supreme Court of India
- • Cyber Crime
- • Legal Notice
- • Succession Issue
Dehradun
20-25+
Years of
Experience
Experience
Adv. Nikita Arora
Supreme Court of India
- • Court Marriage
- • Adoption & Custody
- • Mutual or Contested Divorce
Amritsar -I
+
Years of
Experience
Experience
Adv. Deepika Mishra
Supreme Court of India
- • Cyber Fraud
- • Rape & POCSO
- • Bail Matter
Varanasi
15-20+
Years of
Experience
Experience
Adv. Sakshi Bansal
Supreme Court of India
- • Consumer Protection
- • Legal Notice
- • Succession Issue
Ghaziabad
15-20+
Years of
Experience
Experience
Adv. Rohit Aggarwal
Supreme Court of India
- • Cyber Fraud
- • Property Matter
- • Corporate Issues
Preet Vihar
15-20+
Years of
Experience
Experience
Adv. Pooja Saxena
Supreme Court of India
- • RERA Matters
- • Case Transfer Matters
- • Cyber Crime
Noida
15-20+
Years of
Experience
Experience
Adv. Arjun Nair
Supreme Court of India
- • Court Marriage
- • Adoption & Custody
- • Mutual or Contested Divorce
Kochi
20-25+
Years of
Experience
Experience
Adv. Kavita Reddy
Supreme Court of India
- • Agreements
- • Employment Matters
- • Statutory Compliances
Hyderabad
15-20+
Years of
Experience
Experience
Adv. Sandeep Yadav
Supreme Court of India
- • Cyber Fraud
- • Rape & POCSO
- • Bail Matter
Gurgaon
15-20+
Years of
Experience
Experience
Adv. Anjali Kapoor
Supreme Court of India
- • Cyber Fraud
- • Property Matter
- • Corporate Issues
ROHINI
15-20+
Years of
Experience
Experience
Adv. Vikram Singh
Supreme Court of India
- • Agreements
- • Employment Matters
- • Statutory Compliances
Chandigarh
15-20+
Years of
Experience
Experience
Adv. Neha Gupta
Supreme Court of India
- • Insurance Matters
- • Cyber Fraud
- • Property Matter
Jaipur
15-20+
Years of
Experience
Experience
Adv. Amit Verma
Supreme Court of India
- • Insurance Matters
- • Cyber Fraud
- • Property Matter
Lucknow
15-20+
Years of
Experience
Experience
Adv. Priya Mehta
Supreme Court of India
- • Cyber Fraud
- • Property Matter
- • Corporate Issues
MUMBAI
15-20+
Years of
Experience
Experience
Adv. Rahul Sharma
Supreme Court of India
- • Insurance Matters
- • Cyber Fraud
- • Rape & POCSO
Vivek Vihar
15-20+
Years of
Experience
Experience
Adv. Fatima Begum
Supreme Court of India
- • Insurance Matters
- • Cyber Fraud
- • Corporate Issues
Jaipur
15-20+
Years of
Experience
Experience
Adv. Gurpreet Singh
Supreme Court of India
- • Court Marriage
- • Adoption & Custody
- • Mutual or Contested Divorce
Bangalore North
10-15+
Years of
Experience
Experience
Adv. Sai Chatterjee
Supreme Court of India
- • Agreements
- • Employment Matters
- • Audits
MUMBAI
15-20+
Years of
Experience
Experience
Adv. Diya Saxena
Supreme Court of India
- • Agreements
- • Employment Matters
- • Statutory Compliances
Jaipur
15-20+
Years of
Experience
Experience
Adv. Simran Sharma
Supreme Court of India
- • Court Marriage
- • Adoption & Custody
- • Bail Matter
Vivek Vihar
20-25+
Years of
Experience
Experience
Adv. Priya Nair
Supreme Court of India
- • Court Marriage
- • Adoption & Custody
- • Rape & POCSO
Gandhi Nagar
20-25+
Years of
Experience
Experience
Adv. Ayaan Verma
Supreme Court of India
- • Matrimonial Disputes
- • Legal Notice
- • Succession Issue
Pune City
15-20+
Years of
Experience
Experience
Adv. Sai Jain
Supreme Court of India
- • Case Transfer Matters
- • Anticipatory Bail
- • Money Recovery
Parliament Street
20-25+
Years of
Experience
Experience
Adv. Kabir Saxena
Supreme Court of India
- • Cyber Crime
- • Money Recovery
- • Cheque Bounce
Chandigarh
15-20+
Years of
Experience
Experience
Adv. Harpreet Patel
Supreme Court of India
- • Insurance Matters
- • Rape & POCSO
- • Bail Matter
Amritsar -I
10-15+
Years of
Experience
Experience
Adv. Sai Mehta
Supreme Court of India
- • Court Marriage
- • Adoption & Custody
- • Mutual or Contested Divorce
Bangalore North
10-15+
Years of
Experience
Experience
Adv. Zoya Das
Supreme Court of India
- • Court Marriage
- • Adoption & Custody
- • Mutual or Contested Divorce
Ahmadabad City
15-20+
Years of
Experience
Experience
Adv. Kunal Banerjee
Supreme Court of India
- • Rape & POCSO
- • Bail Matter
KOLKATA
15-20+
Years of
Experience
Experience
Adv. Nazia Begum
Supreme Court of India
- • Agreements
- • Employment Matters
- • Statutory Compliances
NALGONDA
1-5+
Years of
Experience
Experience
Adv. Jaspreet Singh
Supreme Court of India
- • Court Marriage
- • Adoption & Custody
- • Mutual or Contested Divorce
Amritsar -I
5-10+
Years of
Experience
Experience
Adv. Priya Nair
Supreme Court of India
- • Agreements
- • Court Marriage
- • Adoption & Custody
Trivandrum
5-10+
Years of
Experience
Experience
Adv. Joseph DSouza
Supreme Court of India
- • Agreements
- • Employment Matters
- • RERA Matters
PANAJI
10-15+
Years of
Experience
Experience
Adv. Karthik Raman
Supreme Court of India
- • Employment Matters
- • Cyber Fraud
- • Cyber Crime
Alandur
5-10+
Years of
Experience
Experience
Adv. Sana Mirza
Supreme Court of India
- • Employment Matters
- • Insurance Matters
- • Cyber Fraud
Parola
10-15+
Years of
Experience
Experience
Adv. Aarav Sharma
Supreme Court of India
- • Adoption & Custody
- • Employment Matters
- • Insurance Matters
DELHI CITY
10-15+
Years of
Experience
Experience
Adv. Arshdeep Gill
Supreme Court of India
- • Bail Matter
Hungund
5-10+
Years of
Experience
Experience
Adv. Kavita Pandey
Supreme Court of India
- • Rape & POCSO
Ghaziabad
5-10+
Years of
Experience
Experience
Adv. Neeraj Goswami
Supreme Court of India
- • Insurance Matters
Chengannur
5-10+
Years of
Experience
Experience
Adv. Rahul Deshmukh
Supreme Court of India
- • Adoption & Custody
Tiruttani
5-10+
Years of
Experience
Experience
Adv. Gurpreet Chawla
Supreme Court of India
- • Court Marriage
Chengalpattu
5-10+
Years of
Experience
Experience
Adv. Saurabh Ahuja
Supreme Court of India
- • RERA Matters
- • Case Transfer Matters
- • Cyber Crime
chamalekha
15-20+
Years of
Experience
Experience
Adv. Vikram Dhillon
Supreme Court of India
- • Rape & POCSO
MOHALI
15-20+
Years of
Experience
Experience
Adv. Amandeep Grewal
Supreme Court of India
- • Insurance Matters
Nakodar
15-20+
Years of
Experience
Experience
Adv. Gurmeet Brar
Supreme Court of India
- • Rape & POCSO
Chhachhrauli
10-15+
Years of
Experience
Experience
Adv. Anjali Goel
Supreme Court of India
- • Adoption & Custody
Noida
15-20+
Years of
Experience
Experience
Adv. Meenakshi Iyer
Supreme Court of India
- • Property Matter
Ambur
10-15+
Years of
Experience
Experience
Adv. Karthik Reddy
Supreme Court of India
- • Property Matter
Bangalore North
+
Years of
Experience
Experience
Adv. Jaspreet Sandhu
Supreme Court of India
- • Adoption & Custody
Chandigarh
5-10+
Years of
Experience
Experience
Adv. Ffj jvhgv
Supreme Court of India
- • Agreements
- • Anticipatory Bail
- • Case Transfer Matters
Delhi Cantonment
10++
Years of
Experience
Experience
Adv. Fatima Khan
Supreme Court of India
- • Insurance Matters
Jaipur
+
Years of
Experience
Experience
Adv. Gurpreet Sharma
Supreme Court of India
- • Employment Matters
- • Insurance Matters
- • RERA Matters
Bangalore North
+
Years of
Experience
Experience
Adv. Pooja Jain
Supreme Court of India
- • Court Marriage
- • Adoption & Custody
- • Legal Notice
MUMBAI
5-10+
Years of
Experience
Experience
Adv. Krishna Agarwal
Supreme Court of India
- • Cyber Crime
- • Rape & POCSO
- • Anticipatory Bail
Karnah
15-20+
Years of
Experience
Experience
Adv. Swati Singh
Supreme Court of India
- • Rape & POCSO
- • Bail Matter
- • Legal Notice
DELHI CITY
10-15+
Years of
Experience
Experience
Adv. Kunwar Gangesh
Supreme Court of India
- • Employment Matters
- • Company Registration
- • Legal Notice
DELHI CITY
5-10+
Years of
Experience
Experience
Adv. Chitra Bhanu Gupta
Supreme Court of India
- • Cyber Fraud
- • Cyber Crime
- • Legal Notice
KOLKATA
20-25+
Years of
Experience
Experience
Adv. Mahideep Singh
Supreme Court of India
- • Employment Matters
- • Insurance Matters
- • Legal Notice
Dehradun
5-10+
Years of
Experience
Experience
Adv. Soumi Guha Thakurta
Supreme Court of India
- • Adoption & Custody
- • Matrimonial Disputes
- • Legal Notice
KOLKATA
5-10+
Years of
Experience
Experience
Adv. Kanchan Kumari
Supreme Court of India
- • Anticipatory Bail
- • Audits
- • Cheque Bounce
MUMBAI
7+
Years of
Experience
Experience
For many years, marriage has been an institution that has always been buttressed on love, trust, and understanding between two people. On the contrary, when one partner fails to respect the other or tries to force his or her authority on the other partner, the base of the relationship starts to break.
One such problem that has come to the spotlight in the recent legal and social debates is the issue of husband forcing wife to quit job, a phenomenon that has gained recognition as torment, hence able to provide justification for divorce in various jurisdictions.
Cruelty as Ground of Divorce
- Cruelty as ground of divorce is encompassed within the ambit of Section 13 (ia) of the Act.
- Section 13(1)(ia) introduced the notion of ‘cruelty’ as a ground for divorce in the Family Courts Act.
- Before 1976, however, cruelty was ground only for seeking a divorce by judicial separation under Section 10 of the Act.
- Cruelty is a concept that cannot be dissociated from the way of life of human beings. Rather, societal layers, lifestyles, relationships, characters, and feelings, which are determined by social stratification, all play a vital role in cruelty.
- Making untrue statements to the husband and initiation of false cases against him results in immense psychological distress and pain and is therefore an extreme form of cruelty.
Why in the News?
A bench of Chief Justice Suresh Kumar Kait and Justice Sushrut Arvind Dharmadhikari has held that making a wife quit her job is cruelty in the eyes of law. The Madhya Pradesh High Court held this in case X v. Y.
In the case of X vs Y:
- The couple tied the knot on April 19, 2014. In 2017, the Appellant was assigned the position of Assistant Manager with LIC Housing Finance Limited.
- The Respondent maintained the wife left her work and stayed with him until he found employment.
- The Respondent husband filed a petition under Section 9 of the 1955 Act after the appellant had filed for divorce.
- Subsequently Section 9 application was withdrawn.
- The Learned Trial Court refused to grant divorce to the parties in the case of husband forcing wife to quit job.
- Consequently, an appeal is filed in the High Court.
Observation by the Court
- The Court noted that it was not open to either spouse to compel the other to do or refrain from doing any work of their own choosing.
- The Court also noted that the given circumstances were such that the husband made it impossible for the wife to continue working and expect her to live only how he wants and how he intends, which is cruelty.
- In light of the above reasons, the Court permitted the dissolution of the marriage.
Forcing a wife to quit her job goes beyond marital troubles and fundamentally undermines her personhood and independence. To characterize such a practice as cruel also under the law is to take an important step in the direction of preventing marriage from being understood only as a power asymmetry. With advancement in societies, it is most essential that the legal system, the social framework and attitudes about cultural practices guard the rights of every individual in a marriage. It is only under these circumstances that the very spirit of peace in marriage and respect for persons can truly be achieved.
Sharks of Law offers a comprehensive legal solutions facility, providing an extensive collection of information on diverse areas of law and current developments in the legal field by the best professionals in this area. With this law firm, you can search and find a lawyer who can meet your legal requirements for online consultation. The attorneys at Sharks of Law have the necessary expertise across all the fields involved should you have any inquiries that require legal counsel.
Email:-helpdesk@sharksoflaw.com
Help Desk:-+91-88770-01993
Adv Vipul Singh Raghuwanshi
Legal expert and contributor at Sharks of Law. Committed to providing clear and accessible legal guidance to everyone.
