The Gauhati High Court has granted divorce to a man on the ground that his wife compelled him to stay away from his step-mother.
The bench comprising of the Chief Justice Ajai Lamba and Justice Soumitra Saikia noted that, under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, children (which includes the son) shall mandatorily be required to maintain parents (includes step-mother also) and senior citizens.
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- Whether respondent (the wife) subjected the petitioner (the respondent) to cruelty and deserted him?
- Whether the petitioner is entitled to a decree of divorce?
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It is seen that the Family Court completely ignored this fact brought out during the evidence that the respondent compelled and prevented the appellant from performing his statutory duties towards his aged mother under the provisions of the 2007 Act. Such evidence is sufficient to be construed as an act of cruelty as the non-compliance/non-adherence to the provisions of the 2007 Act has criminal consequences leading to punishment or imprisonment as well as fine.
The Court also noted that the wife had filed cases under Section 498A IPC which resulted in acquittal. Adding further, the court said,
When a person undergoes a trial in which he is acquitted of the allegation of offence under Section 498-A of IPC, levelled by the wife against the husband, it cannot be accepted that no cruelty has meted on the husband.
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As reported by Live Law, the Supreme Court had made similar observations in 2016, while granting divorce to a husband who was forced to live separately from his parents. Normally, no husband would tolerate this and no son would like to be separated from his old parents and other family members, who are also dependent upon his income, the Court had said.
Recently, Kerala High Court too granted divorce to a man whose wife forced him to live separately from his mother. Read Article below.
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http://voiceformenindia.com/in-the-law/irretrievable-breakdown-of-marriage/
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