Whether wife forcing husband to reside separate from his parents amounts to cruelty?
The Supreme Court in the judgment delivered on 6th
October, 2016 in case of Narendra vs. K. Meena in Civil Appeal
No.3253 of 2008 has held that in normal circumstances, a wife is
expected to be with the family of the husband after the marriage and
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 is held that a son maintaining his parents is absolutely
normal in Indian culture and ethos. It is held that 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.
It is held by the Supreme Court that 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 the husband and this
constitutes an act of cruelty.
78. A perusal of the record indicates that the appellant never
wanted the respondent to stay with his parents in the matrimonial
house. Because of the cruelty meted out by the appellant to the
respondent and because of the ill treatment and misbehaviour of the
appellant with the respondent and his parents, the parents of the
respondent were required to leave the house on the 2nd floor and had
to stay with the cousin of the respondent for quiet sometime. In my
view the principles laid down by the Supreme Court in case of
Narendra (supra) squarely applies to the facts of this case. I am
respectfully bound by the judgment of the Supreme Court in case of
Narendra (supra). In my view any pressure on the part of wife on the
husband to stay away from his parents without any justifiable cause
amounts to cruelty.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO.349 OF 2013
WITH
CIVIL APPLICATION NO.928 OF 2013
IN
SECOND APPEAL NO.349 OF 2013
Chitra Sachin Mapara V Sachin Kumar Mapara
CORAM : R.D. DHANUKA, J.
PRONOUNCED ON : 20TH DECEMBER, 2016
https://www.lawweb.in/2016/12/whether-wife-forcing-husband-to-reside.html
