Chhattisgarh High Court, while giving an important decision, said that if a husband refuses to leave his old and sick mother and live somewhere else, then it is not cruelty. The court said that no person's responsibilities towards parents end after marriage. Justice Naresh Kumar Chandravanshi approved the appeal of a man who wanted divorce from his wife. She dissolved the marriage by setting aside the trial court's order rejecting the husband's divorce petition.
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Now know what the High Court said?
Taking note of the wife's insistence (that her husband should live with her in another house), the High Court said that the demand for a separate house cannot always be considered cruelty. Because spouses may have legitimate reasons for wanting separate homes. The court said that it was necessary to see whether this insistence was justified according to the circumstances or whether it was an unfair attempt to force the husband to break or change the relationship with his parents. In the case, the court found that the mother of the victim's husband was old and very ill.
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It was not unreasonable for the husband not to separate – High Court
The High Court said that the husband's statement that he did not want to be away from his mother was neither unnatural nor unreasonable. Rather, it reflects a reasonable responsibility towards the family. In such a situation, the husband had every right to decide for himself whether he wanted to live with his mother or with his wife in some other house.
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Responsibility towards old or sick parents does not end – High Court
The High Court also emphasized that marital relationship does not give any spouse unlimited right to force the other to leave or turn away from the family responsibilities already in place. The court said that marriage creates a new family but it does not end the moral and legal responsibilities that a person may have towards his old or sick parents.
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