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 of India(SCI)has held.
A woman becomes a part of the husband’s family and cannot seek to
separate him from his parents for the sole reason that she wants to
entirely enjoy his income, a Bench of Justices Anil R. Dave and L.
Nageshwara Rao observed in a judgment.
Insisting her husband to live separately from his parents is a western
thought alien to our culture and ethos, Justice Dave, who wrote the
judgment, said.
“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 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.
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