The Calcutta High Court has said that it was unacceptable to put the husband on a “higher pedestal” than the wife and the couple has a collective duty to create a congenial atmosphere to live happily.

The High Court took exception to the observation of a family court that in a happy marriage, the wife provides the climate and the husband provides the landscape. “This observation is an archaic notion which has gradually eroded with the advancement of society in all respect. The two persons grown up and raised in a different atmosphere have a reciprocal and or collective duty to create a congenial atmosphere which cannot be said to be a one way traffic,” the High Court said in its order.

“Even the Constitution of India recognises equality in gender and therefore, the husband to be put on higher degree than that of the wife is unacceptable,” the High Court added.

“Therefore, we could not persuade ourselves to agree with the findings made in the impugned judgment, which is thus, set aside. The application for solution of marriage (filed by husband) is dismissed while the application for restitution of conjugal rights (filed by wife) is allowed,” the Court ordered.

The husband said that his wife subjected him to cruelty by abusing him, beating him and his mother and also by filing false cases against him and his family. While, the wife claimed that it was she who was subjected to mental cruelty by the husband and his family.

The High Court also said that the findings of the family court that the wife subjected her in-laws and husband to cruelty by filing a case against them, was incorrect.

(With inputs from Bar&bench)