Wife Forcing Husband To Separate From His Parents Is Ground For Divorce: High Court
. According to reports, the High Court said the man was permitted to file the appeal based on mental cruelty if he was forced to stay apart from his parents for no legitimate reason.
The High Court of Calcutta had recently decided that a man has the right to file for divorce if his wife forced him into separating from his parents. According to reports, the High Court said the man was permitted to file the appeal based on mental cruelty if he was forced to stay apart from his parents for no legitimate reason.
The judge remarked when the court considered a petition submitted by a woman contesting an order from the family court that had granted her husband a divorce.
The court further stated that it is perfectly acceptable for a son to stay with his parents as part of the framework of Indian culture and ethos.
On March 31, a division bench comprising Justices Soumen Sen and Uday Kumar dismissed the plea stating that a son living with his parents is "absolutely normal in Indian culture and ethos".
¡°Indian culture nurtures the concept of a pious obligation of the son to maintain his parents. If a wife attempts to deviate the son from society's normal practice and normal custom, she must have some justifiable reason for that. The wife wanted the husband to get separated from his family. It is not common practice for a son in India to get separated from his parents at the instance of the wife,¡± the bench noted.
¡°Thus, the desire of the appellant to have a separate residence with her husband away from in-laws is not based on justifiable reasons; as such, it amounts to cruelty. Normally no husband would tolerate such acts of wife, and no son would like to be separated from his parents and other family members. The persistent effort of the wife to constrain the husband to be separated from the family would be torturous for the husband,¡± the bench opined.
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When Prashant Kumar Mandal and his wife Jharna filed for divorce in 2009, the West Midnapore family court granted them a divorce. She filed an appeal with the High Court challenging her cruel-grounds divorce decree.
On the other hand, the HC did not rule in her favour.
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