The estranged husband claimed that he and his wife tied the knot in 2002 and a few days later the woman left the matrimonial house
The Bombay High Court while rejecting a petition filed by an estranged husband challenging the maintenance amount granted to his wife and rejecting his plea for restitution of conjugal rights by the family court, 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, the wife is just to live separately and demand maintenance from the husband."
Justice VK Jadhav while dismissing the petition added, "In our society, importance is given to the wishes of the husband. Even if the wife is not comfortable with her inlaws, she has to follow the wishes of her husband and stay there along with the parents of her husband in order to respect the wishes of her husband. However, in the changing scenario of the lifestyle and considering the developing concept of nuclear family, importance is also required to be given to the wishes of the wife."
The estranged husband claimed that he and his wife tied the knot in 2002 and a few days later the woman left the matrimonial house.
Later, the man moved an application for restitution of conjugal rights, claiming that he is a young person and needs her company. Further, the wife resides with her parents without any just cause and as such, she is not entitled to maintenance.
Moreover, he cannot stay separately by leaving his old aged parents.
The woman filed a reply saying she has cordial relations with the husband and is willing to live separately with him provided he also executes an undertaking that he will not ill-treat her as she feared for her life.
The woman also claimed that the mother of the husband would assault and ill-treat her and on her instance, the husband had also on several occasion physically assaulted her, thus she left the matrimonial house.
The court after going through the evidence led by the parties said, "Husband has failed to substantiate his contention that wife is staying with her parents without any just cause. I do not find any mistake in the order passed by the family court, rejecting the application filed by the him."
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 "Wife justified to stay separately if abused by in-laws: Bombay HC")
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