Family

SC- A Man Can Divorce Wife If She Tries Separating Him From His Parents

Good news for Son those facing problem in his life because of wife. Supreme court given judgement today that a Indian wife should not ask husband to leave separately from her in-laws if she ask separate house away from in-laws he can divorce his wife, wow our Indian laws too proved they only and only think from son’s and his parents.

A Hindu son can divorce his wife for the cruelty of trying to pry him away from his “pious obligation” to live with his aged parents and provide shelter to them, the Supreme Court has held. In a recent case law, where a Karnataka-based couple married in 1992 filed for divorce because the wife wanted to separate her husband from his parents who were dependent on his income, it was held that a Hindu son can divorce his wife for to try pulling her husband away from discharging his duties to live with his aged parents and to provide shelter to them.

Hindu Son Can Divorce Wife If She Tries To Separate Him From Aged Parents

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The husband seeking divorce first quoted that he was filing for divorce because his wife blamed that he was cheating on her with his maid. It was found out that the there was no maid involved and further it was revealed that his wife tried to attempt suicide because she wanted to live independently with her husband and forced him to separate his parents who were dependent on him.

Highlights

Judge says a wife is expected to be with the family of the husband after marriage.

A Supreme Court bench said such an attempt deviates from the ‘normal custom’ of society.

On the definition of ‘cruelty’ to the husband
In the concerned case, the ruling states that the wife behaved ‘cruelly’ towards her husband by her attempts and threats to commit suicide.

“No husband would ever be comfortable with or tolerate such an act by his wife and if the wife succeeds in committing suicide, then one can imagine how a poor husband would get entangled into the clutches of law, which would virtually ruin his sanity, peace of mind, career and probably his entire life. The mere idea with regard to facing legal consequences would put a husband under tremendous stress. The thought itself is distressing.”

Son Can Get Divorce If Wife Asks For Seperation

A bench of Justices Anil R Dave and L Nageshwara Rao made the observations while confirming the decree of divorce sought by a Karnataka-based man. A bench of Justice Anil R Dave and L.Nagashwara Rao said that after marriage a woman becomes a part of the husband’s family and has no right to separate him from his parents and to live away from parents is a westernised thought which is completely alien to us. Therefore, a son can file for divorce if his wife forces him to separate his parents and does not allow him to discharge his obligations.

The order was passed while setting aside Karnataka High Court judgment which had dismissed the decree of divorce granted by a Bangalore family court in 2001.

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“In a Hindu society, it is a pious obligation of the son to maintain the parents. If a wife makes an attempt to deviate from the normal practice and normal custom of the society, she must have some justifiable reason for that and, in this case, we do not find any justifiable reason, except monetary consideration of the wife,” said the court,

“In our opinion, normally, no husband would tolerate this and no son would like to be separated from his old parents and other family members, who are also dependent upon his income.

The persistent effort of the wife to constrain the husband to be separated from the family would be torturous for husband and in our opinion, the trial court was right when it came to the conclusion that this constitutes an act of ‘cruelty’,” the top court said.

It further said, “It is not a common practice or desirable culture for a Hindu son in India to get separated from his parents on getting married at the instance of the wife, especially when the son is the only earning member in the family. A son, brought up and given education by his parents, has a moral and legal obligation to take care and maintain the parents, when they become old and when they have either no income or have a meagre income.

In the order, the court said that for a wife insisting her husband live separately from his parents is a western thought ‘”alien to our culture and ethos”.

“In India, generally people do not subscribe to the western thought, where, upon getting married or attaining majority, the son gets separated from the family,” the bench said.

“She becomes integral to and forms part of the family of the husband and normally without any justifiable strong reason, she would never insist that her husband should get separated from the family and live only with her,” it said.

Noting that in the present case, the behaviour of the wife appeared to be “terrifying and horrible”, Supreme Court said, “One would find it difficult to live with such a person with tranquillity and peace of mind. Such torture would adversely affect the life of the husband.”

The lower court had granted the husband divorce after he alleged cruelty on his wife’s part. However, later the high court had set aside the trial court’s judgement after which the man went in appeal in the Supreme Court.

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