New Delhi, Oct 8: A Hindu son can divorce his wife for cruelty if she tries to pry him away from his “pious obligation” to live with his aged parents and provide shelter for them, the Supreme Court held.
Insisting her husband to live separately from his parents is a Western thought alien to our culture and ethos, Justice Dave, who wrote the judgement, observed.
“It is not a common practice or desirable culture for a Hindu son in India to get separated from his parents on getting married at the instance of the wife, especially when the son is the only earning member in the family. A son, brought up and given education by his parents, has a moral and legal obligation to take care and maintain the parents, when they become old and when they have either no income or have a meagre income,” Justice Dave wrote.
In India, generally people do not subscribe to the western thought, where, upon getting married or attaining majority, the son gets separated from the family, the court said. In normal circumstances, a wife is expected to be with the family of the husband after the marriage.
“She becomes integral to and forms part of the family of the husband and normally without any justifiable strong reason, she would never insist that her husband should get separated from the family and live only with her,” Justice Dave observed.
The court was confirming the divorce of a Karnataka-based couple in a recent judgement. Married in 1992, the lower court granted the husband divorce after he alleged cruelty on his wife's part. He quoted instances of her constant suspicions about him having illegal affairs with a maid. It was later found that no such maid as described by the wife ever worked in the couple's home
In another instance, the apex court found that the wife had attempted to commit suicide but was rescued in the nick of time. She wanted to separate the man from his parents who were dependent on his income.
However the High Court had set aside the decree of divorce.
Comments
Sangeeth,
We respect parents but they are not God...
Parents are also a creation of God and we too... everybody including the parents have to worship the CREATOR.
We are taught that when parents become old, it is the right of a Muslim to take care of the parents and never to say even uff to them.. QURAN has many ayats on parents but it also teaches children to make dua for parents regularly...
\O Allah, Have mercy upon them (Parents) as they had mercy upon me when i was small \" Quran Ch 17 V 24)
Please note :
There is no God but ALLAH and Muhammd pbuh is the final and last messenger of ALLAH who conveyed the message to worship ONE TRUE god...
Muhammad pbuh coming was also mentioned in VEDAS too.. please read your own scripture before making everything God..."
That means Supreme Court upheld Shariah law and now onwards Hindus should follow sharia law at least in this case!
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