Supreme Court in its decision on 6 October 2016 held that a Hindu son can divorce his wife if she tries to separate him from his elderly parents. The apex court held that it is 'pious obligation' of a son to maintain his parents.
It held that a Hindu son can’t separate himself from his parents on getting married at demand of his wife, at least when he is the only earning member in the family.
The observation was made by a bench comprising Justice Anil R Dave and L Nageshwara Rao while confirming the decree of divorce sought by a Karnataka-based man.
As reported, the apex court allowed the man to annul a 24-year old marriage, while setting aside Karnataka High Court judgement which had dismissed the decree of divorce granted by a Bangalore family court in 2001.
Highlights of the observation
• A woman becomes part of the husband’s family and thus she cannot seek to separate him from his parents just to enjoy his income.
• It held that insisting husband to live separately from his parents is a western thought which is alien to our culture and ethos.
• It held that a son who was brought up and given education by his parents has a moral and legal obligation to take care and maintain his parents when they become old and when they have either no income of have a meager income.
• A woman, who becomes an integral part of husband’s family after being married, should have a justifiable reason to separate his husband from his family.
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