Bombay High Court, Aurangabad bench, nuclear families, Vishwas Jadhav
Mumbai: Taking note of the changing lifestyle and increasing trend of nuclear families, the Aurangabad bench of the Bombay High Court recently said, it is high time that wife’s wishes are given importance just like that of a husband. The High Court, accordingly held, if a wife is unhappy with the attitude of her in-laws and separates from her husband, she is entitled to maintenance.
“In our society, importance is given to the wishes of the husband. Even if wife is not comfortable with her in-laws, she has to follow the wishes of her husband and put up with them,” noted a bench presided over by Justice Vishwas Jadhav. “However, in the changing scenario, importance needs to be be given to the wishes of the wife,” Justice Jadhav ruled.
The strong and relevant observations were made by Justice Jadhav while ordering a man to pay Rs 700 per month as maintenance to his wife, who left his house within a year of their marriage. It was the wife’s contention that soon after marriage, her in-laws started ill-treating her, as a result of which, her husband used to harass her.
She further claimed that she continued to live with her in-laws against her will only because of her husband; however, she was compelled to leave the matrimonial house after the husband too started harassing her. All the allegations were denied by the husband, a mason by profession, on the ground that the wife hardly lived with him for 15 to 20 days and picked up quarrels with his family members.
Having considered the contentions, Justice Jadhav said, “If the wife is not comfortable because of the approach and attitude of the parents of her husband and the treatment given to her by them, and if she resides with her parents because of the said reason, in my considered opinion, the wife has a just cause to live separately and demand maintenance.” “The husband has failed to substantiate his contention that his wife is staying with her parents without any just cause.
In view of the same, I reject his application seeking restitution of conjugal rights,” Justice Jadhav said. While considering the quantum of maintenance, the bench noted the income of the husband, his liabilities and responsibilities. “After having due regard to the status of the parties, the amount of maintenance of Rs 700 appears to be just and reasonable,” Justice Jadhav said.
