Calcutta High Court Grants Divorce on Grounds of Cruelty, Denies Child Custody Due to Appellant’s Apathy**

In a recent judgment, the Calcutta High Court granted a divorce decree to Shyamasree Basu (nee Ghosh) on the grounds of cruelty in her marriage to Manojit Basu. The judgment, delivered by Justice Soumen Sen and Justice Siddhartha Roy Chowdhury, highlighted a pattern of cruel behavior by the husband, including physical and mental abuse, unreasonable demands, and alcohol addiction.

The court observed, “Unchallenged testimony of P.W. 1 demonstrates the cruel nature of her husband who did not have any respect towards his wife. Instead of being supportive, he was instrumental in throttling her aspirations. He failed to accord her with dignity she deserved.”

While cruelty in matrimonial matters is not precisely defined in the statute, the judgment emphasized that it varies depending on individual circumstances, upbringing, and social status. In this case, the court found that the husband’s conduct had proven him to be “the epitome of patriarchy and an utterly insensible person, having no respect for his wife, far to speak of love and compassion.”

Additionally, the appellant husband sought custody of the child, but his non-payment of maintenance and non-disclosure of income were taken into account. The court determined that his actions exhibited apathy towards the child, leading to the denial of his custody request.

The judgment also addressed the appellant’s refusal to actively participate in the proceedings, which the court viewed as an attempt to prolong the litigation. The appellant was directed to clear arrears of maintenance for the child within four weeks, with potential execution for arrears if he fails to comply.

The court further noted that the appellant had restrictions imposed on his bank account by court order but failed to maintain the required balance, further demonstrating a lack of responsibility as a father.

This judgment serves as a reminder that the court’s primary concern is the welfare of the parties involved, especially when children are affected, and highlights the importance of cooperation and compliance with court orders in matrimonial cases.

Date of Decision: 17 October 2023

Manojit Basu  vs Shyamasree Basu (nee Ghosh)