Friday, October 7, 2016

SC: Hindu son can divorce wife if she tries to separate him from aged parents

HM Act, S.13(1)(ia) Wife persistently insisted her husband to separate from family - Husband sole earning member and supporting the family - Wife did not like it and wanted to enjoy income herself - persistent divorce by wife would be torturous husband and cruelty - Husband entitled to seek divorce - Held: 1. Son maintaining his parents is absolutely normal in Indian culture and ethos; and 2. In a Hindu society, it is a pious obligation of the son to maintain the parents - Wife levelling false allegation against husband of have extra marital relations with maid servant - Husband entitled to seek divorce: It difficult to live with such a person with tranquility and peace of mind - Wife tried to commit suicide by pouring K.Oil without any reason - She was saved by husband and neighbours - If wife had succeeded husband, it would have entangled the husband into clutches of law - It is mental cruelty to husband - Only one event was sufficient for the husband to get a decree of divorce on the ground of cruelty - 2011 (4) R.C.R (Criminal) 534 : 2011 (5) Recent Apex Judgment (RAJ) 269 Relied - Wife forcing her husband to separate from family of which he was sole earning member - It is cruelty - Husband entitled to seek divorce - Wife persistently insisted her husband to live separately to enjoy whole income of husband - Husband was sole earning member and supporting family - Demand made by wife torturous and cruelty - Husband entitled to seek divorce - Levelling of false allegation against husband of having extra marital relations - Husband entitled to seek divorce. (Para 10, 11 and 15) (DOJ: 06-10-2016) (Narendra Vs. K.Meena) (Anil R. Dave and L.Nageswara Rao, JJ) (https://indiankanoon.org/doc/130314186/) (http://lawfinderlive.com)

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Hindu son can divorce wife if she tries to separate him from aged parents

KRISHNADAS RAJAGOPAL

NEW DELHI, October 7, 2016

A wife is expected to be with the family of the husband after the marriage

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.

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.

“She becomes integral to and forms part of the family of the husband and normally without any justifiable strong reason, she would never insist that her husband should get separated from the family and live only with her,” Justice Dave observed.

The court was confirming the divorce of a Karnataka-based couple in a recent judgment. Married in 1992, the lower court granted the husband divorce after he alleged cruelty on his wife’s part. He quoted instances of her constant suspicions about him having illegal affairs with a maid. It was later found that no such maid as described by the wife ever worked in the couple’s home

In another instance, the apex court found that the wife had attempted to commit suicide but was rescued in the nick of time. She wanted to separate the man from his parents who were dependent on his income.

However, the High Court had set aside the decree of divorce, saying the wife had a “legitimate expectation” to see her husband’s income used for her and not his family members.

Shuddering at the thought of the legal tangles in which the “poor husband” would have found himself caught in had she succeeded in committing suicide, the Supreme Court concluded: “The mere idea with regard to facing legal consequences would put a husband under tremendous stress.”


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Maintaining parents is dharma, not just duty

SPECIAL CORRESPONDENT

MADURAI, November 24, 2015

The claim for maintenance cannot be a match for profit and loss account

A son’s or daughter’s liability to pay maintenance amount to his or her parents is not just a duty but a dharma — a much larger behavioural aspect that encompasses duties, rights, laws, conduct, virtues and so on, the Madras High Court Bench here has said. Justice S. Vimala made the observation while hearing a criminal revision case filed by an individual from Madurai challenging an order passed by a lower court last year directing him to pay Rs. 3,000 every month towards maintenance of his 70-year-old mother.

The petitioner claimed that his mother had no right to claim maintenance since she did not perform the role expected of a mother, and deserted her husband and two sons (including the petitioner) in order to get her daughter married to the latter’s maternal uncle.

He also alleged that his mother was always interested in obtaining her husband’s properties than taking care of the family.

Condemning the petitioner for levelling such baseless allegations, the judge said that there was no iota of evidence to prove any of the charges levelled against her.

The judge pointed out that the mother had left her matrimonial house only when the petitioner was 22 years old and his brother was 14 due to a property dispute that generally arose between spouses in many families due to fear of insecurity that came along with ageing.

“The right of the mother to expect the children to maintain her is not only a statutory, Constitutional, fundamental, natural or moral right but also a basic human right. Under such circumstances, the son ought not to have made the mother approach the court to make him realise his duties and responsibilities.

“Paradoxically, the son, instead of speaking about his duties and responsibilities, has spoken about the duties and responsibilities of his mother of which he has no authority to speak…The claim for maintenance cannot be a match for profit and loss account,” the judge observed.

Finding that the petitioner’s younger brother was working as a software engineer in Canada and he had remained ex-parte in the maintenance proceedings, the judge directed him also to pay Rs. 15,000 every month to his widowed mother now residing along with her daughter, also a widow.


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Court pulls up petitioner for ill-treating father

STAFF REPORTER

CHENNAI, May 15, 2012

RDO order directing him to vacate his father's house upheld

A man accused of attacking his father and trying to grab his property came in for strong criticism from the Madras High Court after he challenged a revenue official's order directing him to vacate his father's house immediately.

The Revenue Divisional Officer (RDO), Krishnagiri, had directed J. Anbalagan of Nagampatti village in Krishnagiri district, to vacate his father's house forthwith under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2006 (MAWOPASC Act).

Dismissing Mr. Anbalagan's petition challenging the RDO's order, Justice K.Chandru said, “The petitioner will have to be ashamed of himself for ill-treating his father in such a fashion. Perhaps, [it is] only with a view to preventing such occurrences of senior citizens like this father being ill-treated, that too at the hands of their own sons, a summary procedure has been contemplated in the Act.”

Mr. Anbalagan said his father M. Jegadeesan had two wives and two houses. He lived with his mother Sellammal, the first wife, while his father resided with his second wife during his mother's time.

Mr. Jagadeesan had complained to the RDO that he and his son had a problem over partitioning their property, as a result of which his son had slapped him in the face. His son had also threatened to kill him, he alleged.

Based upon the complaint, the RDO passed an order under the Senior Citizens' Welfare Act that Anbalagan could not claim any right over the properties enjoyed by the father. He also directed him to vacate his father's house and not to interfere with his peaceful enjoyment of his properties during his lifetime. In the event of his failing to comply with the order, he was warned that he would have to undergo three months' imprisonment and a fine of Rs.10,000.

Aggrieved, Anbalagan approached the High Court. He contended that the RDO has no power to pass any order directing him to vacate the house in which he was living. The finding that his father had no other house to reside was contrary to records. Under Section 5 of the Act, he could provide maintenance to a parent who was unable to maintain himself from his own earning. However, his father lived in his own house with his second wife and was also getting a rental income of over Rs.10,000.

Rejecting his stand, Mr. Justice Chandru said the complaint given by the person who was none other than his own father was very serious. Further, it was stated that his son had not only physically attacked him but also intended to kill him with a view to grabbing his properties.


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