LI Network
Published on: January 24, 2024 at 11:11 IST
In a recent verdict, the Jharkhand High Court emphasized the cultural obligation of a married woman to serve her aged mother-in-law, stating that adherence to such practices is essential to preserving Indian culture.
Single-judge Justice Subhash Chand made these observations while ruling that a wife is not entitled to maintenance if she decides to leave her husband without any reasonable cause.
Justice Subhash Chand underscored the significance of a wife serving her husband’s mother and maternal grandmother, emphasizing that a wife should not insist on living separately from them.
The Court invoked Article 51A of the Constitution, which outlines the fundamental duties of a citizen, pointing out that preserving the rich heritage of India’s composite culture is one such duty.
Quoting from Hindu religious texts, including Manusmriti, the court highlighted the importance of women in the family.
The judgment referred to Yajurveda, emphasizing the strength and resilience of women, and cited verses from Manusmriti stating that the family prospers when women are content but faces destruction when they are miserable.
These remarks were made in the context of an appeal filed by a man challenging a family court order that required him to pay maintenance to his estranged wife and minor son. The woman alleged cruelty and dowry harassment, while the man argued that she pressured him to live separately from his mother and grandmother.
The Court observed that the evidence indicated the wife’s insistence on living apart without valid grounds. Justice Chand referred to a book on family life education, stating that the primary issue between the couple was the wife’s reluctance to serve the aged mother-in-law and grandmother-in-law, who are 75 and 95 years old, respectively.
The Court quashed the family court’s order for the wife’s maintenance, citing her lack of reasonable cause for living away from her husband. However, the son’s maintenance was increased from ₹15,000 to ₹25,000.