Wife uncomfortable with attitude of her in-laws justified to live separate and demand maintenance

Shaikh Basid Vs The State of Maharashtra and Anr

Bombay HC, Aurangabad Bench

06/02/2019

CRIMINAL REVISION APPLICATION NO. 63 OF 2005

About/from the judgment:

"In the changing scenario of the lifestyle and considering the developing concept of nuclear family, importance is also required to be given to the wishes of the wife."

 

The Bombay High Court has observed that if the wife is not comfortable because of the approach and attitude of the parents of her husband and the treatment given to her by them, she has just cause to live separate and demand maintenance.

 

Justice VK Jadhav dismissed the revision petition filed by the husband challenging the Family court order that had dismissed his petition seeking restitution of conjugal rights. The Family court had ordered him to pay maintenance to his wife.

 

Before the High Court, the husband's counsel submitted that, in this case, husband-wife relationship is cordial and thus there is no reason for her to stay with her parents and demand separate maintenance. He also submitted that -husband cannot stay separately by leaving his old aged parents.

 

The court noted also noted the submission made by wife before the court below that she had no complaint against the husband, but that, her in-laws are giving trouble to her. Taking note of these submissions, Justice Jadhav observed that wishes of wife should also be given importance. The Judge said:

 

"In our society, importance is given to the wishes of the husband. Even if the wife is not comfortable with her in-laws, she has to follow the wishes of her husband and stay there along with the parents of her husband in order to respect the wishes of her husband. However, in the changing scenario of the lifestyle and considering the developing concept of nuclear family, importance is also required to be given to the wishes of the wife. If the wife is not comfortable because of the approach and attitude of the parents of her husband and the treatment given to her by them, and if she resides with her parents because of the said reason, in my considered opinion, the wife has just cause to live separate and demand maintenance."

 

The court then dismissed the husband's petition.

Read the Judgment

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