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In another such landmark judgement, the Uttrakhand HC has been of the opinion that a wife separating her husband from his mother would amount to cruelty.
Justice Dhulia and Justice Khulbe opined that:
“In normal circumstances, the wife is expected to be with the family of the husband after marriage because she becomes an integral a part of the family of the husband, and without any justifiable reason, she may not insist that her husband stays separately from her old mother, and to live with his wife in a separate and rented accommodation.. In our opinion, normally, no husband would tolerate this nor would any son like to be separated from his old mother, who is dependent upon her son. The persistent efforts of the respondent-wife to compel the appellant to get separated from his mother would be torturous for the husband, and in our opinion this act of respondent certainly constitutes an act of cruelty.”
The judges were not able to find a ‘justifiable’ reason for the wife wanting to separate from his mother and thereby that amounted to cruelty.
This is a very controversial case-law in my opinion and not everyone can agree to the court’s views.
Click here to view judgement