The Allahabad High Court has observed that a wife working against the wishes of husband or his family is not a ‘cruelty’ to grant divorce to husband.
The family court had granted divorce to husband on the grounds of cruelty and desertion. One of the grounds urged by the husband for seeking divorce was that wife is in employment against his wishes.
A bench of Justice Shabihul Hasnain and Justice Sheo Kumar Singh referred to Lord Denning’s “Due Process of Law” and quoted this passage: “A woman feels as keenly thinks as clearly, as a man. She in her sphere does work as useful as man does in his. She has as much right to her freedom - develop her personality to the full – as a man. When she marries, she does not become the husband’s servant but his equal partner. If his work is more important in life of the community, her’s is more important in the life of the family. Neither can do without the other. Neither is above the other or under the other. They are equals.”
The court also referred to various constitutional provisions and judgments of the apex court and observed: “The ground as the wife joined the service, in our view, cannot be made the ground for treating it as cruelty or ground for divorce.”
The bench also observed that there is no desertion by the wife in the instant case. This appeal was disposed of by an elaborate judgment and the bench has also illustrations about ‘mental cruelty'.