The wife insisted on staying away from the husband’s family, the High Court gave a big decision

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The Delhi High Court has accepted the divorce petition.

New Delhi: The Delhi High Court has observed that the wife’s “persistent insistence” on staying away from her in-laws without any reasonable cause amounts to “violence” and cruel acts by the husband. A bench of Justice Suresh Kumar Keit and Justice Neena Bansalkrishna upheld the divorce of the estranged couple, saying that unlike Western countries, it is not common in India for a son to be separated from his family. The court held that ordinarily, she should never, without good reason, insist that her husband separate from the family and live separately with her.

‘Wife did not respect elders’

In the present case the husband challenged the order of the Family Court refusing to grant divorce. He sought dissolution of the marriage under the Hindu Marriage Act on several grounds, including that the wife was a ‘quarrelsome woman’ who disrespected her in-laws and insisted on That he (husband) should be separated from her. Parents In a recent order, the bench said, “Ordinarily, no husband will tolerate or desire separation from his parents and other family members.” Continued attempt by the respondent-wife to force the appellant to separate from the family would amount to torture and cruelty to the husband.’

‘Being away from family is stubbornness’
The court said, ‘The defendant (wife) could not give any reasonable reason for insisting on living separately. The only conclusion that can be drawn is that her insistence on living apart from the rest of the family was her own will and there was no good reason for it. Such persistent stubbornness can only be called cruelty. The bench noted that the Supreme Court in one of its judgments has held that it is not a common custom or desirable culture in India for a Hindu son to separate from his parents at the behest of his wife.

‘Expecting wife to be part of family’
The court held that a son has a moral and legal responsibility to look after and look after his parents in their old age and to do so if his wife tries to deviate from the prevailing customs of the society. has the right. valid reason. The bench said, “People in India generally do not follow the Western doctrine, where a son is separated from the family on marriage or attaining majority. In normal circumstances, the husband becomes part of the family after marrying the wife.” The court observed that a bitter atmosphere in the home cannot be conducive to a happy marital relationship for both the parties.

The High Court accepted the divorce petition
The court observed that in the present case the circumstances including the temporary treatment of the wife constitute mental cruelty. The bench, while granting the divorce, noted that there was no marital relationship between the parties since 2007 and the wife had stated that she had no intention of living with the appellant. “The lady has stated that she has no objection if the present appeal is accepted,” the bench said. The marriage between the appellant and the respondent is hereby dissolved on the ground of cruelty and desertion under Section 13(a)(ia) and (ib) of the Hindu Marriage Act.’ (language)

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