The Punjab and Haryana High Court recently upheld a man’s divorce after his wife refused to live with his elderly mother. The court found her actions amounted to cruelty, citing various factors that led to the breakdown of the marriage.
The couple married in 1999, but by 2016, the husband filed for divorce, which was granted by a trial court in Palwal, Haryana, in 2019. The wife appealed the decision, but the High Court dismissed her appeal, agreeing with the trial court’s judgment.
Refusal to Live with In-Laws Considered Cruelty
In the appeal hearing, the court noted that the woman and her two daughters had been living separately from her husband since 2016. Despite knowing that her husband had a 75-year-old mother and a sister-in-law with mental health issues, the wife refused to stay in the village with them. Instead, she asked her husband to leave his mother and move out with her.
The court considered this demand as unreasonable and stated that her refusal to live with his elderly mother and a sister with special needs constituted “cruelty,” as previously ruled by the Supreme Court in similar cases.
Joining Brahma Kumaris and Refusal of Marital Duties
Additionally, the court took into account the wife’s decision to join the Brahma Kumaris, a spiritual organization where celibacy is practiced. The court observed that this move indicated she had no interest in maintaining a marital relationship or fulfilling her marital duties. Citing the Samar Ghosh case, the court reiterated that the unilateral refusal to engage in marital relations without valid reason could be deemed mental cruelty.
Separation Since 2016: No Attempts at Reconciliation
The court highlighted that the couple had been living apart since 2016, with no efforts made to reconcile. Given the emotional deadlock in the relationship, the court believed that setting aside the divorce decree would force them to live in an unhappy and strained relationship, perpetuating cruelty for both parties.
Alimony Decision
While upholding the divorce, the court noted that the family court had not granted any alimony to the wife, although she had not filed for it. However, under Section 25 of the Hindu Marriage Act, the wife is entitled to seek permanent alimony even after the divorce decree is passed.
As an interim measure, the court directed the husband to pay ₹5 lakh as interim permanent alimony within three months. The wife retains the right to claim permanent alimony in the future.
Conclusion
The Punjab and Haryana High Court’s ruling underscores the importance of mutual respect and the fulfillment of marital obligations. Refusal to live with elderly in-laws without valid reasons, alongside other actions that harm the marriage, can be considered cruelty, leading to the dissolution of the marriage.
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