'Free-Willed' Wife Meeting Civil Society Members Sans Forming An Illegal Relation Isn't Cruelty Against Husband: Allahabad HC
Live LawThe Allahabad High Court has observed that a 'free-willed' wife's acts of travelling alone or interacting with members of civil society without engaging in any illegal or immoral relationships cannot be considered an act of cruelty against her husband. A bench of Justice Saumitra Dayal Singh and Justice Donadi Ramesh, however, added that a wife's conduct of only seeking to keep alive a legal fiction of her marriage, without any reason to keep alive that relationship, and refusing to cohabit with her husband may amount to cruelty against the husband. Against this backdrop, the HC, in its order, noted that the act of the wife, being free-willed or a person who would travel on her own or meet up with other members of the civil society without forming any illegal or immoral relationship, may not be described as an act of cruelty committed. Furthermore, regarding the wife's alleged immoral acts, the Court noted that to prove the husband's allegation, no direct or credible evidence was presented to prove that she was actually involved in an immoral act.