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Kumar Doab   08 October 2016 at 14:03

Son can divorce wife if she tries to separate him from aged parents

Dear Experts:



Sharing Recent Judgment of Supreme Curt of India, on OCTOBER 06, 2016.





The Supreme Court of India, has held, in recent judgment,on OCTOBER 06, 2016.



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.
Insisting her husband to live separately from his parents is a western thought alien to our culture and ethos, observed Justice Anil R.Dave, who wrote the judgment.





The court was confirming the divorce of a Karnataka-based couple in a recent judgment. Married in 1992, the lower court granted the husband divorce after he alleged cruelty on his wife’s part. He quoted instances of her constant suspicions about him having illegal affairs with a maid. It was later found that no such maid as described by the wife ever worked in the couple’s home
In another instance, the apex court found that the wife had attempted to commit suicide but was rescued in the nick of time. She wanted to separate the man from his parents who were dependent on his income.




However, the High Court had set aside the decree of divorce, saying the wife had a “legitimate expectation” to see her husband’s income used for her and not his family members.



Shuddering at the thought of the legal tangles in which the “poor husband” would have found himself caught in had she succeeded in committing suicide, the Supreme Court concluded: “The mere idea with regard to facing legal consequences would put a husband under tremendous stress.”




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 court said. In normal circumstances, a wife is expected to be with the family of the husband after the marriage.



“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,” Justice Dave observed.






“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,” Justice Dave wrote.






IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.3253 OF 2008


NARENDRA … APPELLANT

VERSUS

K. MEENA … RESPONDENT


.J. (ANIL R. DAVE)
J. (L. NAGESWARA RAO)
NEW DELHI
OCTOBER 06, 2016.



http://judis.nic.in/supremecourt/imgs.aspx

abhishek   08 October 2016 at 12:12

Regarding extra money, my college asked me to pay

Dear panel,

I have completed my engineering from college which comes under Mumbai University.

The other day, i applied for leaving certificate & the account department of my college asked me to pay extra Rs. 100 to issue it.Is there any government resolution has been released asking students to pay for getting certificates?

Sirs,
Please Help.

nisha   08 October 2016 at 11:56

Divorse

respected sir my in lows sigh me on blank paper as divorce paper forcefully so i don't know whether my divorce is process or not what is legal process.

Anonymous   08 October 2016 at 11:26

Misbehave

Dear sir ,

I have take the shop on rent on 2009 with items like for sale material like fan counter all items fir sale use take the written by first shopkeeper on 10rs bond with declaration on my name than I have handover the shop to my friend on 10000rs per month after pay the rent or other expenses than I have remove my friend from shop after 4year than I have handover the shop to my relative before 3 year they have not give the money to me from last three years . I have go to shop they are abuse me and threats me and saying we have pay the amount your shop items to concern but this type things not happen . Pls suggest because this is my family issue what I will do I am very frustrated about this issue . I am doing job in Amritsar . Pls share your contact no if possible .

Thanks
Sanjay Sharma
7087235450

alok srivastava   08 October 2016 at 11:21

builder is breeching registered agreement to sell clause

sir,I have purchased a commercial space wide registered agreement to sell paid full consideration amount in advance but after completion of building builder did not informed me in writing about the completion of the building neighter informed me about the possession nor about the execution of sale deed as stated in the clause 4&5 of the registered agreement to sell..and he without my consent rent out my alloted premises to ciet tyers..sir,plz suggest me what to do.

Trapti   08 October 2016 at 10:58

Divorce

How much time required for filing a mutual divorce. And how much time required if one party is not ready for divorce. Please guide

Ram Singh   08 October 2016 at 10:10

354D

One time discussion on facebook and argument related family relationship
Is it sufficient to file 354 d case.

their is no repeated chatting.

please advise. any same case reference which can help me for my case

Naveen   08 October 2016 at 00:45

Property distribution

Sir, my neighbors had a problem. That thefather is a retired state government employee and lives alone, and hav an illegal affair. The wife and two daughters are leaving separately they were married. The elder daughter married with BSF javaan now she is widow and maintaining her family with pension. Her father earned money through retirement. There is any chance to her to seek share in her father's money? Kindly answer my doubt

Thank you sir

adv.bharat @ PUNE   08 October 2016 at 00:42

Distribution of property in muslim religion when father is alive

X Who is muslim by religion having his self acquired property.

X has 4 sons & 3 daughters.No wife alive.

In 2001 he made Notarised i.e.unregistered HIBA of his 1/3 rd property to Son-I and also distributed remaining property to 3 sons & 3 daughter equally.

Query.
1) Can other legal heirs ( 3 sons & 3 daughter) can have share in this gifted property?
2)In 2016 Son II now say that he had also gift in their favour made by his father.
Whether is is valid? since it is made with out consent of son I.
3) Son I had possession of property since 2001 & have names incorporated in 7/12 extract & paying the land revenue , municipality tax since then. Whether he can go for suit for declaration or cancellation of HIBA Or take legal heir ship certificate from the court to prove that he is the only legal owner of that gifted property?

Yogesh   07 October 2016 at 21:47

Salary to secratary of chs

hiii,
Iam Yogesh residing in Mumbai would like t ask whether a secretary of CHS ltd is liable to get salary ? wht if he has passed a resolution in AGM to get salary?can he do so?
waiting for reply,
YOGESH.