'Pious obligation': Calcutta HC says husband has right to divorce if wife forces him to stay away from parents

The Calcutta High Court recently ruled that a husband has the right to file for divorce if the wife compels him to move away from his parents. The court said that a son has the “pious obligation” to look after his parents.

The high court said that the divorce can be filed on the grounds of mental cruelty if the wife tries to separate the man from his parents without justifiable reason. It is the "pious obligation of the son to live and maintain the parents", the court said. It added that a son living with his parents was "absolutely normal in Indian culture and ethos". 

The division bench of Justices Soumen Sen and Uday Kumar turned down a woman’s plea last month that challenged a family court’s decision to grant her husband divorce. 

The case dates back to 2009 when a family court in West Midnapore granted divorce to Prashant Kumar Mandal from his wife Jharna on grounds of cruelty. The high court bench was hearing the woman’s plea that challenged the order. 

The family court’s decision was based on the premise that Jharna was publicly insulting Prashant, calling him unemployed and a coward since their marriage in 2001. Prashant, who was a part-time teacher in schools and a private tutor, would occasionally ask Jharna to help with the finances. 

Prashant was in the process to getting a government job that was eventually thwarted after Jharna filed a criminal case against him and his parents on allegations of torture. 

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