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FAM NO 97 of 2014J. Prashant Kumar MishraPrabir Kumar vs Papiya DasHMA 13

Wife Forcing Husband to get Separated from Parents is Cruelty

In view of the facts and circumstances of the case, the High Court made reference to Supreme Court's verdict in the case of Narendra vs. K. Meena, wherein the Supreme Court has held that if the wife forces and exerts pressure on the husband to live separate from his old aged parents or from the joint family without any reasonable excuse, the same would amount to cruelty.

The High Court to decide the issue made reference to the evidence on record wherein the respondent had admitted that she is not living with her husband since after July, 2010. The respondent during the counselling had also admitted that she cannot live with the appellant's mother i.e. her mother-in-law.

The Supreme Court stated that in complete analysis of the statement of the respondent clearly discerned that the respondent was not willing to reside with the appellant husband and also suggested that the mother-in-law should be sent to old aged home or that the parties may reside separate without obtaining divorce.

In view of the aforesaid, the High Court observed that the respondent appeared to be indifferent and casual towards matrimonial obligations and institute of marriage itself which is sacrosanct and should be honoured by both the parties.

The Court in the case while allowing the appeal held that insisting upon the husband to live separate from his mother, who is aged about 68 years and is suffering from cardiac problem is by itself a cruelty