Introduction:

The Jharkhand High Court recently made significant observations on the cultural practice and obligation for women in India to serve elderly mothers-in-law or grandmothers-in-law. In a case where a wife insisted on living separately from her in-laws, the Court addressed the cultural aspect and deemed the demand unreasonable. The Court’s insights were shared while partially allowing a Criminal Revision plea filed by a husband challenging a maintenance order. The husband argued that the wife’s refusal to serve his elderly mother and maternal grandmother was the reason for her voluntary departure from the matrimonial house.

Arguments of Both Sides:

The husband, the petitioner, contended that his wife left the matrimonial house due to her reluctance to serve his elderly mother and maternal grandmother. He filed a suit for judicial separation, emphasizing the wife’s unreasonable demand to live separately from her in-laws. The wife, opposing the claim, argued for maintenance, and the Family Court had directed the husband to pay specific amounts to both the wife and their minor son.

Court’s Judgment:

The Jharkhand High Court, after examining oral evidence, concluded that the wife voluntarily left the matrimonial house, citing her disinclination to fulfill the responsibility of caring for her elderly in-laws. The court referred to constitutional duties under Article 51-A, highlighting the obligation of citizens to value and preserve the rich heritage of composite culture, including serving elderly family members. It quoted Vedic scriptures to underscore the significance of women’s roles in maintaining family well-being.

The Court noted the wife’s persistence in pressuring her husband to live separately, which the Apex Court had previously deemed an act of cruelty. Considering the circumstances, the Court found the wife’s residence separate from her husband without reasonable cause, making her ineligible for maintenance under Section 125(4) CrPC.

The Court emphasized the cultural obligation on the wife to serve her husband’s elderly mother and maternal grandmother, deeming the demand for separate living unreasonable. Additionally, it increased the maintenance amount for the minor son from Rs.15,000 to Rs.25,000 per month based on the financial means of the husband.