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In a recent landmark judgment by the Uttarakhand High Court the court observed that it amounts to cruelty if the wife compels her husband to get separated from his mother. The division bench of court allowed the appeal of a husband who had sought divorce on the same grounds of cruelty by wife. The HC judgment extensively relies upon the 2016 judgment of the Supreme Court in the matter of Narendra vs. K.Meena.
The court in its judgment observed that "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, ……..no husband would tolerate this nor would any son like to be separated from his old mother, who is dependent upon her son. …………. this act of respondent in present case certainly constitutes an act of cruelty."
The bench opined that, in this case, they do not find any 'justifiable reasons' shown by the wife for living separated from mother in law and also that it is not a common practice, desirable and acceptable norm for a son to leave his old mother when there is no one else to take care of her in order to settle with his wife, particularly when he is the only earning member in the family. The court established that a son has a moral and legal obligation to take care and maintain his mother when she becomes old and has no other source of income to maintain. Setting aside the Trial court order, the bench declared cruelty being done by wife when she forced her husband to live separately from his mother.
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