Insisting Husband To Live Separate From His Aged And Ailing Mother Is Cruelty: Chhattisgarh HC [Read Judgment]

Insisting upon the husband to live separate from his aged mother suffering from cardiac problem is by itself a cruelty, the Chhattisgarh High Court has held.

A bench of Justice Prashant Kumar Mishra and Justice Arvind Singh Chandel made this observation while disposing of a matrimonial appeal against the trial court denying divorce sought by the husband.

The bench referred to apex court decision in Narendra v K Meena wherein it was 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/ground, the same would amount to cruelty.

Perusing the written statement filed by the wife, the court observed: “Complete analysis of the statement of the respondent would clearly discern that the respondent is not willing to reside with the appellant/husband. She has also suggested that the mother-in-law should be sent to old aged home or that the parties may reside separate without obtaining divorce. The respondent appears to be indifferent and casual towards matrimonial obligations and institute of marriage itself which is sacrosanct and is required to be honoured by both the parties.”

Allowing the appeal filed by the husband, the bench dissolved the marriage holding that commission of mental cruelty by the wife upon husband under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 has been proved.