SC: A Son Can Get A Divorce If His Wife Tries To Separate Him From Aged Parents
October 7th, 2016 / 4:24 PM
Son Can Get Divorce If Wife Asks For Separation
As per The Hindu reports, 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, the Supreme Court has held.
In a recent case law, where a Karnataka-based couple married in 1992 filed for divorce because the wife wanted to separate her husband from his parents who were dependent on his income, it was held that a Hindu son can divorce his wife for to try pulling her husband away from discharging his duties to live with his aged parents and to provide shelter to them. The husband seeking divorce first quoted that he was filing for divorce because his wife blamed that he was cheating on her with his maid. It was found out that the there was no maid involved and further it was revealed that his wife tried to attempt suicide because she wanted to live independently with her husband and forced him to separate his parents who were dependent on him.
The High Court said that it was fair on wife part to have her husband’s income and it’s okay for her to not to share it with other family members. But, The Supreme Court differed from The High Court’s decision and decided that the husband is under tremendous stress regarding facing legal consequences as reported by The Hindu.
A bench of Justice Anil R Dave and L.Nagashwara Rao said that after marriage a woman becomes a part of the husband’s family and has no right to separate him from his parents and to live away from parents is a westernised thought which is completely alien to us. Therefore, a son can file for divorce if his wife forces him to separate his parents and does not allow him to discharge his obligations.
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