Delhi High Court held that a Wife cannot insist a Husband to live separately from parents without any reason and if she does so then it would amount to cruelty. While relying upon a Supreme Court judgment of 2016 which opined that it is not a common practice for a Hindu son in India to live separately from his parents upon getting married.
Delhi High Court. (File Photo: IANS)
A division bench of the Delhi High Court consisting of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna was hearing an appeal challenging a family court order rejecting husband’s plea for divorce. The husband was seeking divorce petition on the grounds that his wife has subjected him to cruelty and has deserted him.
Although the wife had challenged the divorce petition in the Family Court but before the High Court she said that she had no intention to reunite with her husband and that she had no objection to the divorce being granted.
The High Court while perusing the family court order and the wife’s stand before it held opined that the wife’s insistence to live separately from the other family members was whimsical and had no justifiable reason. The Court further observed that such insistence can only be termed as an act of cruelty. Further, the High Court also relied on the Hon’ble Supreme Court’s judgment in Narendra v. K.Meena, to make an observation regarding common practice of Hindu’s after marriage. The Court observed –
“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. In normal circumstances, the wife is expected to be a part of the family of the husband after her marriage. She becomes integral to and forms part of the family and husband and normally without any justifiable strong reason, she should never insist that her husband should get separated from the family and live with her separately,”
Relying on all the above grounds the ourt dissolved the marriage and allowed the husband’s appeal.
X v. Y, MAT.APP.(F.C) 175/2017 decided on 11.08.2023
