Hindu husband can divorce wife if she tries to separate him from aged parents: SC

Oct 10, 2016 08:21 IST

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.

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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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