Our law rules are completely women eccentric where women are always considered as victims but nobody thinks that men are not always wrong. But finally, now the men can take the sigh of relief as the Supreme Court is now taking the stand for them by allowing them divorce if he is really tired of the cruelty of his wife. This phrase i.e. cruelty of his wife sounds strange but it is true. Our Indian society is the place where the parent of boys lives with him and it is the duty of both husband and wife to take care that aged people. But every now and then, we heard about the cruelty of the girls towards their in – laws.
So, in order to relief the men of the society, Supreme Court has granted a divorce to a man on the grounds of torturing and cruelty after his wife refused to share a home with her in – laws, effectively ruling that the married women must have to live with her husband’s family. In the normal circumstances, a wife is supposed to live with the family of her husband after the marriage and this is suggested by the Supreme Court ruling which also dismissed wife’s attempt to kill her as a plot to torture her husband and relatives.
If you look at the language of the court has used then it is quite regressive. If you make the grounds of divorce very lenient for men, it makes the women very vulnerable. This is all said by the Tenzing Chusang, from the women’s rights initiative.
According to the court, it is a pious obligation of the son to maintain the parents. If the wife makes any attempt to deviate from the normal practice or normal customs then she must have some justifiable reason for that otherwise, the men will be allowed to file their divorce petition for the same. According to the court, it is our Hindu custom that the parents of the boys will live with him throughout the life and the girl has to live with the boy’s family after marriage. If she humiliates her in – laws without any justifiable reason and insists her husband to get separated from them then the boy can file the case in the court against her.
This new judgment has come up due to the divorce appeal between the couple of Karnataka in which the wife insisted her husband to get separated from his family because of no reason. This becomes the valid ground of divorce and offers a power to the men. However, it should be noted that if the girl wants separation due to some verifiable reasons then only the court will hear the complaints of the girl otherwise she has to live with her husband’s family.
This couple (due to which this judgment has been passed by the court) got married in the year 1992 and blessed with the girl child. However, the husband files the plea alleging the harassment because of his wife’s constant suspicion about having him. They had granted the divorce by the family court but the wife is not satisfied and filed an appeal in the high court. Following which the husband has filed the case in the apex court to challenge the high court orders and result of which is announced on Thursday. While the unreasonable suspicion has been accepted as the valid ground of divorce by the various courts in the different regions, a moral question on the son’s duty towards his parents and impediment caused by the wife in performing these duties has now become the new ground of divorce with this new judgment as passed by the Supreme Court of India.
The ruling also leads to the imbalanced sex ratio, by endorsing the parental preference for sons who are seen as being more likely to support their parents in the old age. The court is emphasizing that it is the son’s duty to take care his parents. The persistent effort of the wife to constrain the husband to be separated from the family would be torturous for the boy, the court was truly right when it came to the conclusion that this constitutes an act of cruelty, the top court said. Noting that in the present case, the behavior of the wife appeared to be terrifying and horrible as the Supreme Court said. She should never insist her husband to get separated from his parents without any justifiable reason.
No doubt, that this judgment has allowed the men of the society to file their divorce petition in the court on the ground of cruelty. But, now the time will tell that whether this new divorce ruling as passed by the apex court shall help in improving the lives of the aged parents or will add more problems.