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raj kumar ji (LAW STUDENT )     21 February 2011

DON'T INTERFERE IN MARRIAGE LIFE ?????????

 

नई दिल्ली. दिल्ली हाईकोर्ट ने कहा है कि शादी के बाद बेटियों के परिवार में उनके मां-बाप की दखलंदाजी उनके वैवाहिक जीवन में परेशानी का बड़ा कारण बन गया है।

जस्टिस कैलाश गंभीर ने एक व्यक्ति को निचली अदालत से मिले तलाक को बहाल रखते हुए यह टिप्पणी की है। इस व्यक्ति ने सास-ससुर के अक्सर होने वाले हस्तक्षेप के आधार पर तलाक मांगा था। हस्तक्षेप को पत्नी की क्रूरता मानते हुए तलाक दे दिया गया था। जज ने कहा कि पालकों को बेटी की समस्याओं के हल के लिए बिन बुलाया जज नहीं बनना चाहिए।

उसके दिमाग में विचार नहीं डालना चाहिए और न ही उसको अपने नियंत्रण में कर परिवार में झगड़े पैदा करने चाहिए। उनसे सलाह, समर्थन की अपेक्षा की जाती है और यह कि वे मौन रहकर अपनी शिक्षा-दीक्षा पर भरोसा करें। जस्टिस गंभीर ने कहा कि मौजूदा दुर्भाग्यपूर्ण मामला उदाहरण है कि याचिकाकर्ता के पालकों ने आग बुझाने की बजाय आग भड़काई। कोर्ट ने तलाक के खिलाफ व्यक्ति की पत्नी की अपील खारिज कर दी।

क्या बोले जस्टिस गंभीर


  ‘सभी अभिभावक अपनी बेटियों को पढ़ाते-लिखाते और मार्गदर्शन देते हैं और शादी के बाद उनको लेकर चिंतित रहते हैं। लेकिन उनके लिए यह जरूरी है कि वे एक रेखा खींचें क्योंकि उनकी भी बड़ी चिंता यही होनी चाहिए कि बेटी अपने पति के घर नए माहौल में खुशहाल हो। लेकिन ऐसा नहीं होना चाहिए कि बेटी के घर की हरेक गतिविधि की निगरानी की जाए।’
  



Learning

 11 Replies

Mallik Karra (Done with AIBE)     21 February 2011

Good One by Justice. Gambhir........

Prakash (IT Specialist)     21 February 2011

Please translate the post in English. It would be useful for the person who doesn't know to read the language.

Navin Arya (Administrative Head)     21 February 2011

Parents should not interfere in daughter's married life: HC

NEW DELHI: The interference of parents in the married life of their daughters has become a major reason for discord between young couples after marriage, the Delhi high court has rued.

While upholding a divorce decree, Justice Kailash Gambhir expressed concern over cases landing up in courts that show frequent rifts between couples due to parents' persistent interference in their daughters' married life.

HC granted a decree of divorce to a man on the grounds of his in-laws' frequent interference in his marital life and noted that parents should "draw a line" and let their daughters lead a happy, married life.

"All parents guide, teach and discipline their daughters and are concerned about their welfare after marriage but it is imperative for parents to draw a line as the prime concern should be that their daughter is happily settled in a new atmosphere at the husband's place," Justice Gambhir said.

But, it should not mean day-to-day monitoring of the affairs taking place at the matrimonial home of the daughter, he said.

Parents should not become uninvited judges of problems of their daughter, become an obstacle in the daughter's married life, plant thoughts in her mind and gain control over her and promote disharmony in her family life, the judge said.

"They are expected to advice, support and believe in their upbringing, maintaining a discreet silence about the affairs of the matrimonial relationship," the court said.

"The present case is an unfortunate example where the parents of the appellant, instead of putting out the fire have fuelled and fanned it," the court said, dismissing an appeal filed by the wife challenging the lower court's order granting the man decree of divorce.

According to the husband, the differences with his wife started a few months after their marriage in 1990 due to frequent interference of his in-laws.

He alleged that he was even hit publicly by his father-in law two years after his marriage.

Seeking decree of divorce, he had approached the court, which allowed his plea on the grounds of cruelty by his wife due to continuous interference by his in-laws.

Source: https://timesofindia.indiatimes.com/city/delhi/Parents-should-not-interfere-in-daughters-married-life-HC/articleshow/7529725.cms

Saurabh..V (Law Consultant)     22 February 2011

Hail Justice Kailash Gambhir :)

Swati .... (Legal )     22 February 2011

I stongly disagree with the views given in the decision. Interference from both man and women's family cause problems. Do not blame the  parents for all ills, although some parents do interfere, but that is not the cause of divorce.Blaming girl's parent on the whole is atrocious....... Nothing in this world can be generalized like that. Every person's life is different and the choices made depends only on the individual and no one else. 

How can we forget that our society is being dominated by men and majority of the cases of Domestic Violence happens in India, where women suffer and being tourtured. .

In India more mothers-in-law have ruined marriages than any other factor. It is mainly because of the husbands being dominated by their mothers and husbands being too weak to oppose their own mothers regarding the treatment to the daughters-in-law.

Courts should refrain from making comments.

3 Like

Tajobsindia (Senior Partner )     22 February 2011

 

A common man's take:
Atleast a prudent Jstc in Judiciary 'took notice" afterall !

1 Like

(Guest)

Husband's parents will MISUSE such a judgement to their advantage,and to  use it as an emotional blackmailing technique.

 

They can torture the daughter inlaw even more now,who,on the other hand,may be willing to save her marriage.

 

If she takes her parents' help,they will be branded as "interfering" .Then inlaws and husband of this girl will try to seek divorce on this ground.

 

So now, inlaws and husband will have a gala time.They will try to rule the daughter inlaw and her parents more than ever before and make them dance to their tunes!

1 Like

Lekha (working)     23 February 2011

Verywell said swati ji, and i agree with you meenal ji.

Whatsoever , it cannot change or cannot force the women to stoop, not anymore.

Revolution has already started, so inlaws or husbands who treats therir daughter in law positively or nicely, they will be lead a good life whereas oversmart husbands n inlaws who are enjoying presently reading this thread they will surely invite trouble for themselves.

I will say, all the females should read & get aware about their fundamental rights, so that they can oppose the wrong things in there matrimonial homes.

Mallik Karra (Done with AIBE)     23 February 2011

 

How can we forget that our society is being dominated by men ........ In India more mothers-in-law have ruined marriages than any other factor. It is mainly because of the husbands being dominated by their mothers................. pshmmmm......confused, who is dominant and who is dominating whom. 

 

 


(Guest)

KINDLY NOTE THAT JUDGEMENT PASSED BY HIGH COURT IS BASED ON FACTS AND DOCUMENTS PLACED ON RECORD OF THAT PARTICULAR CASE.

AND THERE ARE SEVERAL JUDGEMENTS OF SC REGARDING THE SAID HOT TOPIC. IT IS A SUBJECT TO BE HANDLED WITH CARE.

LET COURTS DECIDE WHO IS INNOCENT IN ANY PARTICULAR DISPUTE .ANY JUDGEMENT CAN NOT BE APPLIED TO ALL CASES AS FACTS MAY DIFFER. INNOCENT ACCUSED SHOULD NOT SUFFER.WITH BEST REGARDS TO ALL .


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