The Madhya Pradesh High Court recently ruled that forcing a wife to quit her job and conform to her husband’s preferences and lifestyle constitutes cruelty (as a ground for divorce).

A Division Bench of Chief Justice Suresh Kumar Kait and Justice Sushrur Dharmadhikari emphasized that neither a husband nor a wife has the right to force their spouse to take up or abandon employment based on their personal preferences.

The Court added that the decision to live together is a matter of mutual choice between spouses.

“Whether husband or wife wants to live together, it is their wish. Neither husband nor wife can force other side not to do job or do any job as per the choice of the spouse. In the present case, the husband compelled his wife to leave the government job till he gets the job. In this manner, forcing the wife to leave the job and live as per his wish and style, it amounts to cruelty,” the Court said.

The judgment arose from an appeal filed by the wife, contesting the family court, Indore's decision to reject her divorce petition. The family court had dismissed her divorce plea, citing the absence of police complaints, lack of corroborating witnesses, and insufficient evidence to substantiate claims of cruelty.

The couple before the Court had married in April 2014. The wife, who had been employed as an Assistant Manager with LIC Housing Finance Limited since 2017, alleged that her unemployed husband pressured her to leave her government job and live with him until he secured employment.

The wife contended that her estranged husband's coercion, coupled with continuous mental and emotional harassment, compelled her to live separately and file for divorce.

The wife highlighted that her husband's petition under Section 9 of the Hindu Marriage Act (seeking restitution of conjugal rights) was filed after she had already initiated the divorce proceedings.

She argued that the filing of this petition was a mere legal tactic to counter her divorce plea and did not demonstrate a genuine desire for reconciliation.

On these grounds, she challenged the family court's decision to reject her divorce plea.

The Court observed that the family court had failed to consider the statement made by the wife, in which she specifically stated that she filed for divorce because her husband had coerced her into leaving her job and staying with him.

The Court noted that the wife had earlier issued a notice requesting mutual divorce from her husband, citing compatibility issues. The Court observed that the husband’s refusal to consent to the divorce, despite the woman's clear intentions, amounted to cruelty in itself.

The High Court proceeded to dissolve the marriage in its November 13 order and set aside the family court’s 2022 order, thereby granting the woman (appellant) a divorce.

Advocate Raghvendra Singh Raghuvanshi  appeared for the appellant.

[Read order]