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

(Querist) 08 October 2016 This query is : Resolved 
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
dr g balakrishnan (Expert) 08 October 2016
Could be. But my view is , this position is not perfectly tenable. Reason is, the wife is a new addition to his family, but she is just lone additional member who has trust mostly on the husband only that way she joined his family.There might be so many internal pressures from her husband's pressure that he should not give excessive credence to her requests and she shd be 'powerfully controlled as 'a slave to him' by him; and he might have been pressured by their support to him they would give, i have seen in a family in mumbai that forced their son to divorce his wife by so many 'make believe positions adduced in the application for divorce her', just by pressure buildon him.in such situation where that poor lady would go except asking her husband to separate from parents. this situation is common in this dowry world?
dr g balakrishnan (Expert) 08 October 2016
So the judgement cited is no 'stare decis' kind judgement as such; so needed to be considered with a pinch of salt.
Guest (Expert) 08 October 2016
Every thing depends upon merits by with due regard to circumstances, characteristics and nature of the case added with the smartness of the lawyer concerned. No case can have universal effect unless the SC declares so and the Parliament amends the law accordingly by notification through Gazette of India.

However, seeing similarity in circumstances, characteristics and nature of the case under trial the concerned judge can give benefit of that judgment to a particular individual applicant.
kavksatyanarayana (Expert) 08 October 2016
thank you experts for sharing your views.
Ms.Usha Kapoor (Expert) 10 October 2016
Agree with experts.Fault could be from either side. I mean from in laws side or from wife's tide. Each case has to be decided on its own merits, facts sand circumstances of the case as above cited by experts.If you appreciate this answer please click the thank you button on this forum.
Rajendra K Goyal (Expert) 10 October 2016
Respected expert Kumar Doab sir,

Thanks for updating.
Kumar Doab (Querist) 10 October 2016
Dear Mr. Rajendar K Goyal,

You are welcome.
dr g balakrishnan (Expert) 10 October 2016
always there are two sides of any issues; without two hands you can't clap.


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