The court of Justice Subhash Chand of the High Court, while giving its verdict in a family case, said that it is the duty of the daughter-in-law to serve the elderly mother-in-law. She cannot pressure her husband to live separately from her mother.
In the case of Rudra Narayan Rai vs. Piyali Rai Chatterjee, the court canceled the order to pay maintenance to the wife.
However, the court has increased the amount for the maintenance of the minor son. The court said that it is mandatory for the wife to serve her husband's mother and grandmother. He should not insist on living separately from them.
Citing Article 51-A of the Constitution, the court said that it states the fundamental duties of a citizen.
It has a provision to value and preserve the rich heritage of our overall culture. It is Indian culture for the wife to serve her elderly mother-in-law or grandmother-in-law. Referring to the verse from Yajurveda, the court said, O lady, you do not deserve to be defeated by challenges; you can defeat the most powerful challenge.
Citing the verses of Manusmriti, the court said that where the women of the family are unhappy, that family soon gets destroyed. Where women are satisfied, that family always flourishes.
The order of a family court of Dumka was challenged in the High Court, in which the petitioner was ordered to pay Rs 30,000 as maintenance to his estranged wife and Rs 15,000 to his minor son.
The woman had alleged that she was subjected to cruelty by her husband and in-laws and was being harassed for dowry. The husband alleges that the wife used to pressure him to stay away from his mother and grandmother. He told him that the wife often quarreled with the two old women of the house and kept going to her maternal home without informing him.
The court said that the evidence on record indicated that the wife was pressuring the husband to live separately from his mother and grandmother without any reason. The wife does not want to serve her old mother-in-law and grandmother-in-law.
The court said that she puts pressure on her husband to live separately from her mother and grandmother. If the wife wants to live separately without any reason, maintenance can be refused. The court quashed the order of the family court, which had allowed maintenance to be paid to the wife. The court increased the son's maintenance allowance from Rs 15 to Rs 25 thousand.
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