The Gujarat High Court has made certain remarks on the behaviour of wife in a divorce case, where she is only interested in maintenance from husband and not responsibilities as a spouse.
Case:
In a unique case, a woman who now resides in the US, has given power of attorney to her brother, to fight for her maintenance case in India.
The woman has been living in America separately from her husband for the past 10-years, while the couple’s son is living with his maternal grandmother due to the dispute between the couple.
Gujarat High Court
A bench of Justice JB Pardiwala and Justice Niral Mehta heard the matter and were trying to find a middle ground for amicable end to the matter. However, the bench observed that the woman was not interested in any responsibilities as a wife or a mother, neither she was willing to come to India.
As the woman was avoiding all her responsibilities, the high court observed that the woman was only interested in demanding maintenance from her husband. The court questioned what kind of relationship this had been reduced to.
Court Expressed Grief Over Child’s Upbringing
Expressing grief over the condition of the couple’s 10-year-old son, the High Court suggested that the woman should take one time settlement for the sake of their minor child and end the marriage once and for all.
The bench directed the brother that his sister must return to India and take a final decision about her marriage.
However, brother informed the court that his sister had been living in the US illegally for 10-years. Even when the husband had requested her to return, she refused to do so, and also does not want to consent for divorce.
After hearing this, the high court remarked how the behaviour of the woman was completely unreasonable, and instead she approached court to push the husband to pay her maintenance in the matter.
The husband even said that his estranged wife was not willing to take their son to the US with her, nor giving him custody. On this, the high court remarked that in case this continues further, the custody of the son will be handed over to the father.
MDO Take:
- Matrimonial laws in India treat all women as victims and despite their arrogance and defiance, the judges are unable to do justice with the husbands
- In the above case, it is a clear case of desertion by the woman, however, the judges are still almost requesting her to take a decision
- If genders were reversed, man would have been directed to immediately cough up huge lifetime maintenance
- Father has a natural right to the child as a parent – Despite the woman not being bothered about her son, the custody still remains with the child’s maternal grandmother – this is yet another gender bias which impacts the upbringing of the child
- It is the need of the hour to bring in Irretrievable Breakdown in Marriage as a law, where all such dead marriages on paper, can be dissolved, even if one spouses is adamant to do so, after years and decades of separation
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