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Kumar Doab (FIN)     08 October 2016

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

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.

 

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



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 6 Replies

Kumar Doab (FIN)     08 October 2016

Pfa:

 

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.

 

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

 

Attached File :
  • downloaded: 78 times
  • Kumar Doab (FIN)     08 October 2016

    Pfa

    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.

     

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


    Attached File : 60926 20161008184005 107264774 hindu son can divo 3037056a.pdf downloaded: 86 times

    Kumar Doab (FIN)     08 October 2016

    Kumar Doab (FIN)     08 October 2016

    Pfa

    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.

     

    https://judis.nic.in/supremecourt/imgs1.aspx?filename=44123


    Attached File : 60926 20161008184419 107264774 imgs1.pdf downloaded: 69 times

    (Guest)

    I am not sure what the point of these judgements is? Regardless of whether it a valid reason according to courts are not, the point is, it is taking 5-6 years for disposal of cases in family court alone! If wife wants, she can drag it for HC and SC for another 5-6 years. Even if a husband does get divorce under this valid reason, what use is the divorce? It still won't free him from his duty to maintain his wife and children. He also wasted 10-12 years of life on trips to courts, money and possibly any penchant for future marriages as well!

    My point is, these so called valid grounds for divorce serve no fruitful purpose to people. The only time when a husband (or wife) can get divorce that is worth anything is by mutual consent. Contested divorces only serve the purpose of providing income to lawyers whether there is valid ground or not.

     

    Kumar Doab (FIN)     09 October 2016

    Venkat,

    What you have posted : is hard fact.!

    A reality.

    Still it shall be futile to expect that legislature shall enact a law that; only MCD can be contemplated.

     

    Both parties are affected.

     

     

     


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