A Blessing for life: Parents

Marriage is a beautiful concept created for the smooth functioning of two individuals who want to spend an entire life together. The concept of marriage not only has 2 people involved but also 2 families or relatives.

More than orphanage these days we in India have a shortage of old age homes. Old age homes are been filled at fast rates daily.

Today almost every other day, I come across the news that the old parents are removed from the house or sent to the old age home by their son & daughter-in-law, which at the human level is also wrong and in the eyes of the law also its an offense.

Daughter in law forcing husband for money to throw or to get separated from the parents is unjust.

Many laws are made to protect women, but our Indian culture and values have taught us to take care of parents, may it be the husband or own parents until their last breath. Looking at the increasing rates of forcing parents out of the house the Supreme Court has said that even the married daughter is liable to take care of their parents.

Case name: Prabir Kumar Das Vs Papiya Das, judgment date January 29, 2018

In the above case, the husband filed a petition of divorce in Chattishgarh High Court based on wife forcing the husband to separate from parents on grounds of cruelty, wherein his appeal was dismissed later husband moved forward to file a plea under section 13(1)(ia) of Hindu Marriage,1955.

Facts: he said that his wife from the very first day of marriage was not willing to reside or with the parents, later he also said that when he was out for office wife use to purposely take the issues and use to hit his mother. She also used to threaten him about the false case. During counseling, the husband said that his wife cannot live with his mother.

Court observation: Hereafter all the shreds of evidence Supreme court referred the verdict of Narendra vs K.Meena, that if the wife forces and exerts a force on the husband to separate from old parents without any reasonable ground same would amount to cruelty. The court after talking o the wife observed that she was very casual towards the responsibility and institution of marriage and also the parents of husband are old and have health issues and insisting the husband separate from parents is itself cruelty.

Verdict: As per Supreme Court guidance granted divorce to the husband.

Remember according to Supreme Court insisting husband separate from the olds parents is to be termed as cruelty and on this grounds, husband can seek a divorce from the wife.

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