Hindu Marriage Act, 1955, S.13–Divorce–Cruelty to Husband—Demand for separate house–Merely for monetary considerations wife wanted to get her Husband separated from his family so that she can enjoy the income of her husband–Held; in a Hindu society, it is a pious obligation of the son to maintain the parents– If a wife makes an attempt to deviate from the normal practice and normal custom of the society, she must have some justifiable reason for that– in absence of that, such an effort by wife would be constitutes an act of cruelty.
It is not a common practice or desirable culture fora Hindu son in India to get separated from the parents upon getting married at the instance of the wife, especially when the son is the only earning member in the family–A son, brought up and given education by his parents, has a moral and legal obligation to take care and maintain the parents, when they become old and when they have either no income or have a meagre income– In India, generally people do not subscribe to the western thought, where, upon getting married or attaining majority, the son gets separated from the family-ln normal circumstances, a wife is expected to be with the family of the husband after the marriage-She becomes integral to and forms part of the family of the husband and normally without any justifiable strong reason, she would never insist that her husband should get separated from the family and live only with her.
Hindu Marriage Act, 1955, S.13–Divorce–Mental Cruelty-False allegations of extra marital affair by wife against husband—Except for the baseless and reckless allegations, there is not even the slightest evidence that would suggest that there was something like an affair of the Husband with the maid named by the Wife—Leveling of absolutely false allegations and that too, with regard to an extra-marital life to be quite serious and that can surely be a cause for mental cruelty.
Hindu Marriage Act, 1955, S.13–Divorce–Mental Cruelty-False allegations of extra marital affair—Though, it is very difficult to establish such allegations but at the same time, it is equally true that to suffer an allegation pertaining to one’s character of having an extra-marital affair is quite torturous for any person – be it a husband or a wife.
Narendra v. Meena
2016(4) Law Herald (P&H) 2993 (SC) : 2016 LawHerald.Org 1866