Whether the family court should refuse to give maintenance to wife if she is not ready to serve husband’s mother and maternal grandmother?

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For disposal of this Criminal Revision following point of determination are being framed:

(i) Whether the opposite party No.1-wife has refused to live with her husband without any sufficient cause, if so its effect? {Para 9}

 21. In view of the above in the case in hand, the issue between the husband and wife is that the wife is not agree to serve the old aged mother in-law and maternal grandmother-in-law, who are respectively 75 years and 95 years old. She creates pressure upon her husband to live separate from his mother and maternal grandmother. It is the very reason; this ground is not found sufficient that’s why the legislature while enacted under Section 125(4) of the Code of Criminal Procedure has provided one of the grounds for denial the maintenance, if wife refuses to reside with the husband without any reasonable cause.

22. In Constitution of India under Article 51-A of Part IV-A, wherein the fundamental duties of the citizen of India are enumerated in Clause (f), it is provided ‘to value and preserve the reach heritage of our composite culture’. It is the culture in India to serve the old aged mother-in-law or grandmother-in-law as the case may by the wife in order to preserve this culture. It was obligatory on the part of wife to serve her husband’s mother and maternal grandmother and not to insist for unreasonable demand to live separate from his old aged mother-in-law and the maternal grandmother-inlaw. Accordingly, the point of determination No.1 is decided in favourt of the petitioner-husband and against the opposite party No.1-wife.


IN THE HIGH COURT OF JHARKHAND AT RANCHI

Criminal Revision No.172 of 2022

Rudra Narayan Ray Vs  Piyali Ray Chatterjee, 

CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

 Pronounced on:22/01/2024.



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